State v. . Collins
Supreme Court of North Carolina
Appeal from the Superior Court of Law of McDowell County, at the Spring Term, 1848, bis Honor, Judge Battle presiding. The prisoner is indicted for murder. The case states, that the prisoner and the deceased, with many other pex*-sons, were assembled>.at the house of a Mrs. Gardiner, to shuck corn — while at dinner, a quarrel arose between the prisoner and one Morrison — in which the deceased, who was present, did not interfere.
Read the full summary
Appeal from the Superior Court of Law of McDowell County, at the Spring Term, 1848, bis Honor, Judge Battle presiding. The prisoner is indicted for murder. The case states, that the prisoner and the deceased, with many other pex*-sons, were assembled>.at the house of a Mrs. Gardiner, to shuck corn — while at dinner, a quarrel arose between the prisoner and one Morrison — in which the deceased, who was present, did not interfere. The prisoner left the table and the house, with the avowed intention of going home. He was, at that time, under much excitement, and observed to the company “ boys do…
1Opinion of the CourtNash, J.
The prisoner complains, that his Honor ought to have instructed the jury, that the provocation received by him was a legal one, and reduced the homicide, from murder to manslaughter. When the testimony, actually given to the jury, is separated from the suggestions of his counsel, of what might have taken place, the insufficiency of this defence is apparent. In his argument in the court below, the counsel for the prisoner insisted, that from the testimony of Connipe and Collins *' the deceased had not only caught the prisoner by the shoulder, as stated by his son, but had used other violence…
2Cited by22 opinions
- State v. SturdivantSupreme Court of North Carolina · 1981
- State v. TorainSupreme Court of North Carolina · 1986
- State v. YoungSupreme Court of North Carolina · 1986
- State v. . PerrySupreme Court of North Carolina · 1946
- State v. . HefnerSupreme Court of North Carolina · 1930
17 more not listed; retrieve them via the Exa API.