State v. . Elwood
Supreme Court of North Carolina
INDICTMENT for Murder, originally found in the Superior Court of Cleaveland county, and removed upon affidavit to the county of Gaston, from which it was subsequently removed to the county of MeoiclenbuRG, and there tried before his Honor, Judge SoiienoK, at Spring Term, 1875. After the jurors were sworn but before they were empan-elled, the counsel for the prisoner moved the Court to adjourn, stating that he wished to examine the record to make objection, if necessary, but…
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INDICTMENT for Murder, originally found in the Superior Court of Cleaveland county, and removed upon affidavit to the county of Gaston, from which it was subsequently removed to the county of MeoiclenbuRG, and there tried before his Honor, Judge SoiienoK, at Spring Term, 1875. After the jurors were sworn but before they were empan-elled, the counsel for the prisoner moved the Court to adjourn, stating that he wished to examine the record to make objection, if necessary, but that he had no specific objection to make at that time. The Court refused the motion, and the prisoner excepted. The…
1Opinion of the CourtRbade, J.
It was admitted for the prisoner, and it was also clearly proved on tbe trial, that he killed the deceased. And it was also admitted and proved that the deceased gave the prisoner no provocation. Why, then, is not the prisoner guilty of murder ?
The prisoner puts his defence upon the ground of accident. “ That the prisoner was showing the deceased the pistol, and either to alarm him, or show him how the cartridge could be thrown out, brought the pistol round and it accidentally fired.” His Honor charged the jury that there was no evidence to support this defence. And whether there was or not,…
2Cited by6 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. MurphreySupreme Court of North Carolina · 1923
- State v. . MurpherySupreme Court of North Carolina · 1923
- Sparf v. United StatesSupreme Court of the United States · 1895
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