State v. . Finch
Supreme Court of North Carolina
INDICTMENT for murder, tried before Calvert, J., and a jury at December Term, 1918, of Wake. At the call of the cause for trial, the solicitor for the State announced in open court that he would not insist on a verdict of murder in the first degree but would ask for a verdict of murder in the second degree or manslaughter, as the evidence might disclose.
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INDICTMENT for murder, tried before Calvert, J., and a jury at December Term, 1918, of Wake. At the call of the cause for trial, the solicitor for the State announced in open court that he would not insist on a verdict of murder in the first degree but would ask for a verdict of murder in the second degree or manslaughter, as the evidence might disclose. The testimony having been offered for the State and for the defend-; ant, the court was of opinion that, in any aspect of the evidence, the defendant was guilty of the crime of manslaughter, and accordingly instructed the jury, in part, “That…
1Opinion of the CourtHoke, J.
There was evidence on the part of the State to justify a conviction of the offenses as prosecuted by the solicitor, but on a charge of this character, which in terms withdraws from the defendant any and all right to a -perfect self-defense, it is the necessary and accepted rule with us that the facts which make for such a position on behalf of the defendant shall be taken as true and interpreted in the light most favorable to himj and considering the record in view of these principles, it was proved bn the trial that on 5 September, 1918, at the home of Andrew Turner, in Wake County, said…
2Cases cited11 opinions
- Taylor v. TaintorSupreme Court of the United States · 1873
- Simpson v. StateSupreme Court of Arkansas · 1892
- State v. . CrispSupreme Court of North Carolina · 1916
- Parker v. BidwellSupreme Court of Connecticut · 1819
- State v. . LingerfeltSupreme Court of North Carolina · 1891
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3Cited by21 opinions
- State v. MashSupreme Court of North Carolina · 1988
- State v. DavisSupreme Court of North Carolina · 1976
- City of Raleigh v. FisherSupreme Court of North Carolina · 1950
- State v. WatkinsSupreme Court of North Carolina · 1973
- State v. WilliamsSupreme Court of New Jersey · 1959
16 more not listed; retrieve them via the Exa API.