State v. . McNeill
Supreme Court of North Carolina
INDICTMENT for murder, tried at January Term, 1885, of the Superior Court of CumbeblaND county, before MacJRae, Judge. The facts were as follows: The prisoner and deceased, who were half-brothers, were at a church festival at the house of 'Anthony Faulk on the 14th August, 1884. The house was situated in a field of 7 or 8 acres, with two lanes leading from it in different directions.
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INDICTMENT for murder, tried at January Term, 1885, of the Superior Court of CumbeblaND county, before MacJRae, Judge. The facts were as follows: The prisoner and deceased, who were half-brothers, were at a church festival at the house of 'Anthony Faulk on the 14th August, 1884. The house was situated in a field of 7 or 8 acres, with two lanes leading from it in different directions. The deceased came down inside one lane: the prisoner and several others were standing on the outside. Deceased got on the fence, when the prisoner said, “ where are you going, you G — d d — d son of a b — h?”…
1Opinion of the CourtMekrimon, J.
The Court very properly declined to give the jury the first special instruction prayed for- by the prisoner. It was founded upon the groundless supposition that the- deceased had given him legal provocation in the first altercation between them. This he did not do, and hence, no question as. to the cooling time was properly presented on the trial.
It appears from the testimony of Andrew Jones, one of the prisoner’s own witnesses, and the one who testified most strongly for him, “that he was present at the commencement of thefra}'-; deceased came down inside the lane; witness and several others…
2Cases cited2 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. . CarterSupreme Court of North Carolina · 1877
3Cited by10 opinions
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. . WeaverSupreme Court of North Carolina · 1889
- State v. ByrdSupreme Court of North Carolina · 1897
- State v. Spivey.Supreme Court of North Carolina · 1903
- State v. . BookerSupreme Court of North Carolina · 1898
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