State v. . Harman
Supreme Court of North Carolina
Indictment for Murder tried at Fall Term, 1877, of Watauga Superior Court, before Cloud, J. The prisoner was charged with the murder of Elisha Trivett, and the statement of the case sent to this Court is substantially as follows: Eveline Trivett, wife of deceased, testified, that on Sun-, day the 24th of June, 1877, her husband started from home saying he was going to one Tice Harman’s to sell his cattle^ She and her children walked with him a part of the way.
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Indictment for Murder tried at Fall Term, 1877, of Watauga Superior Court, before Cloud, J. The prisoner was charged with the murder of Elisha Trivett, and the statement of the case sent to this Court is substantially as follows: Eveline Trivett, wife of deceased, testified, that on Sun-, day the 24th of June, 1877, her husband started from home saying he was going to one Tice Harman’s to sell his cattle^ She and her children walked with him a part of the way. The road from the deceased to said Harman’s leads in about 100 yards of the prisoner’s house. Two paths lead from the prisoner’s house…
1Opinion of the CourtReade, J.
1. “ Should he deal with our sister as with an harlot ? ” is the voice of unrestrained hnman nature, .since Sheehem defiled the daughter of Jacob and was slain by her brothers. Gen. ch. 34.
"We have restrained human nature in so far as we say, you shall not slay in redress of a past wrong, but if you slay the wrong doer in the very act, it will not be murder, but manslaughter. The redress for past offences must be sought through the process of the Courts.
In the case before us, the prisoner looked through a crack of his house, and saw the deceased, whom he had before sus pected, with bis arms…
2Cited by19 opinions
- Jones v. StateSupreme Court of Alabama · 1884
- State v. WardSupreme Court of North Carolina · 1974
- Watkins v. StateSupreme Court of Alabama · 1889
- Mays v. StateSupreme Court of Georgia · 1891
- State v. FrancisSupreme Court of North Carolina · 1960
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