Legal Opinion

State v. . Swink

Supreme Court of North Carolina

Decided May 19, 1948PublishedCited by 39 opinions

1Opinion of the CourtEbviN, J.

It is a well settled rule in the administration of criminal justice in this State that an accused is legally insane and exempt from criminal responsibility by reason thereof if he commits an act which would otherwise be punishable as a crime, and at the time of so doing is laboring under such a defect of reason, from disease of the mind, as to be incapable of knowing the nature and quality of the act he is doing, or, if he does know this, incapable of distinguishing between right and wrong in relation to such act. S. v. Matthews, 226 N. C., 639, 39 S. E. (2d), 819; S. v. Harris. 223 N. C.,…

2Cases cited25 opinions

  1. State v. . PottsSupreme Court of North Carolina · 1888
  2. State v. . HarrisSupreme Court of North Carolina · 1943
  3. State v. . HairstonSupreme Court of North Carolina · 1943
  4. S. v. . EnglishSupreme Court of North Carolina · 1913
  5. State v. . ManningSupreme Court of North Carolina · 1942

20 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1979
  2. State v. CaddellSupreme Court of North Carolina · 1975
  3. State v. MercerSupreme Court of North Carolina · 1969
  4. State v. WeeksSupreme Court of North Carolina · 1988
  5. State v. CooperSupreme Court of North Carolina · 1975

34 more not listed; retrieve them via the Exa API.

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