State v. . Limerick
Supreme Court of North Carolina
INDICTMENT against defendant for tbe murder of one D. Williams, tried before Peebles, Jand a jury, at October Term, 1907, of tbe Superior Court of RutheReoed County. Before tbe jury were selected, tbe Solicitor for tbe State announced tliat be would not ask for a conviction of murder in tbe first degree, but would insist on a conviction of murder in tbe second degree or manslaughter.
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INDICTMENT against defendant for tbe murder of one D. Williams, tried before Peebles, Jand a jury, at October Term, 1907, of tbe Superior Court of RutheReoed County. Before tbe jury were selected, tbe Solicitor for tbe State announced tliat be would not ask for a conviction of murder in tbe first degree, but would insist on a conviction of murder in tbe second degree or manslaughter. After bearing tbe testimony, tbe court, among other things, charged tbe jury that, if they believed tbe evidence, they should find tbe defendant guilty of manslaughter at least; that, taking all tbe evidence in…
1Opinion of the CourtHoke, J.
There was error in the charge of the court, above stated, and the question of the prisoner’s guilt or innocence of the crime of manslaughter should have been submitted to the jury, with appropriate instructions.
There was evidence tending to show that the prisoner and the deceased, two young boys, were friends, had the warmest friendship for each other, as stated by one of the witnesses, and that they were both in good humor at the time. Speaking directly to the occurrence, Aden Lynch, a witness for the State, testified as follows: “I am sixteen years old. Defendant is younger than I am. I…
2Cases cited2 opinions
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- State v. Turnage.Supreme Court of North Carolina · 1905
3Cited by19 opinions
- State v. FoustSupreme Court of North Carolina · 1963
- State v. . CopeSupreme Court of North Carolina · 1933
- State v. PhillipsSupreme Court of North Carolina · 1965
- State v. WestonSupreme Court of North Carolina · 1968
- State v. HovisSupreme Court of North Carolina · 1951
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