Legal Opinion

State v. Clark.

Supreme Court of North Carolina

Decided April 5, 1904Published

INDICTMENT against G. Clark, heard by Judge B. F. Long and a jury, at Spring Term, 1903, of the Superior Court of Ashe County.

1Opinion of the Court

• Walker, J.

The defendant was indicted for the murder of Chares Stanberry. The evidence tended to show that Stanberry and Asa Miller, both being under the influence of liquor, were cursing each other in the public road when *700Stanberry grabbed Miller and threw him to the ground and held him down while he brandished his knife over him and with an oath threatened to cut his throat or to cut his head off. Miller begged Stanberry not to cut him. The defendant interfered for the purpose of preventing Stanberry from cutting Miller, and as he did so Stanberry cursed him and asked him what he had to…

2Cases cited20 opinions

  1. State v. . BrittainSupreme Court of North Carolina · 1883
  2. State v. . WillisSupreme Court of North Carolina · 1868
  3. State v. . DixonSupreme Court of North Carolina · 1876
  4. State v. Barrett.Supreme Court of North Carolina · 1903
  5. Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903

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