State v. . Locke
Supreme Court of North Carolina
INDICTMENT for Murder, removed from Rowan and tried ¡at Spi-ing Term, 1877, of Davidson Superior Court, before Kerr, J. The facts necessary to an understanding of the point decided in this Court are sufficiently stated by Mr. Justice Fatr-oloth. Yerdict of guilty. Judgment. Appeal by defendant. ■
1Opinion of the CourtEaiRCLOTH, J.
The defendant was indicted for the murder of one Barringer, and was convicted. There were several witnesses examined who proved that there was a fight faking place between other parties, and the evidence was ■conflicting in regard to the conduct of the deceased and the prisoner. His Honor charged the jury, that “ if they believed the witnesses, Plummer, Livengood and Cully, or •either of them, the fact of slaying had been proved,” and the prisoner excepted.
The witness Livengood testified as follows: “ Prisoner was standing near a fence whittling with his knife ; a difficulty arose between…
2Cited by4 opinions
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Benton v. . TolerSupreme Court of North Carolina · 1891
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- State v. Blackley.Supreme Court of North Carolina · 1902