State v. Kimbrell
Supreme Court of North Carolina
Appeal from Councill, J., August Term, 1909, of MeckxeN-bueg. Tbe defendant was indicted and found guilty of an assault with a deadly weapon. The evidence of the State was to the effect that while Charles Thomas, prosecuting witness, was in the Driving Club, in Charlotte, defendant came into the club and, without warning, provocation or excuse, shot Thomas five times, inflicting upon him most serious bodily wounds. Two shots were fired after Thomas had fallen to the floor.
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Appeal from Councill, J., August Term, 1909, of MeckxeN-bueg. Tbe defendant was indicted and found guilty of an assault with a deadly weapon. The evidence of the State was to the effect that while Charles Thomas, prosecuting witness, was in the Driving Club, in Charlotte, defendant came into the club and, without warning, provocation or excuse, shot Thomas five times, inflicting upon him most serious bodily wounds. Two shots were fired after Thomas had fallen to the floor. The evidence of the defendant was that there had been a quarrel at the fair grounds, the morning before the shooting,…
1DissentWalker, J.
It has been greatly surprising to me — and I say so with all possible deference and respect for my brethren — that the Court has decided this case adversely to the defendant. I do not always agree with them in their opinion as to the law, but sometimes, when I do differ with them, I do not *705enter my dissent, believing it better, in the interest of justice and also certainty of what tbe law is, to concur with tbem sub silentio, rather than have it appear that the Court is not a homogeneous body, and thereby weaken the force and strength of the opinion of the Court by an attack upon its…
2Cases cited20 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. ByrdSupreme Court of North Carolina · 1897
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