State v. . Hildreth
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Richmond County, at the Fall Term 1S48, his Honor Judge Caldwell presiding. The prisoner was indicted in Anson for the murder of William Taylor ; and Havid Hildreth was charged in the same indictment, as being present, aiding and abetting.
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Appeal from the Superior Court of Law of Richmond County, at the Fall Term 1S48, his Honor Judge Caldwell presiding. The prisoner was indicted in Anson for the murder of William Taylor ; and Havid Hildreth was charged in the same indictment, as being present, aiding and abetting. At the instance of the prisoner, his trial was removed to Richmond ; and in Richmond the prisoner prayed for a second removal of the trial, upon his affidavit, which is set out in the bill of exceptions, stating various acts of sundry persons and other circumstances, which had induced him to believe, that he could…
1Opinion of the CourtRuffin, C. J.
The Court finds no error in the record.It is the undoubted province and duty of the Court to inform the jury, upon the supposition of the truth of facts, as being agreed or found by the jury, what the degree of the homicide is. Fost. Cr. L. 255. State v. Walker, N. C. T. R. 231. If it were not so, there would be no rule of law, by which a killing could be determined to be murder, but the whole matter of malice or alleviation would fall to the discretion and deoision of the jurors in each particular case, and there would be no mode of reviewing it, so as to reverse the decision, though…
2Cited by16 opinions
- State v. . QuickSupreme Court of North Carolina · 1909
- State v. . FoglemanSupreme Court of North Carolina · 1933
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. SmarrSupreme Court of North Carolina · 1897
- State v. . GodwinSupreme Court of North Carolina · 1939
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