Simmons v. . McCullin
Supreme Court of North Carolina
Appeal by plaintiffs from Lyon, Jat February Term, 1913, of SAMPSON. This is an injunction against a sale of defendant’s land. W. R. McCullin and James McCullin were indicted for the murder of Jonah Simmons, and were convicted of murder in the second degree. Plaintiff and the widow brought civil suits to recover damages for the killing.
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Appeal by plaintiffs from Lyon, Jat February Term, 1913, of SAMPSON. This is an injunction against a sale of defendant’s land. W. R. McCullin and James McCullin were indicted for the murder of Jonah Simmons, and were convicted of murder in the second degree. Plaintiff and the widow brought civil suits to recover damages for the killing. The court, after the verdict was returned in the criminal case, suggested that if a liberal provision was made for the widow, by allowing a judgment in the civil case for $3,000, he would consider it in passing sentence and award the minimum punishment.. The…
1Opinion
The decision in the plaintiff's appeal requires us to declare that there was no error in this appeal. There are other reasons that might be assigned for this conclusion, but it is unnecessary to state them.
No error.
Cited: Harrison v. Dill, 169 N.C. 546; Dalrymple v. Cole, 170 N.C. 107;Gardiner v. May, 172 N.C. 195.
2Cases cited2 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Halford v. . SenterSupreme Court of North Carolina · 1915