Legal Opinion · Dissent

State v. Cole.

Supreme Court of North Carolina

Decided May 19, 1903Published

INDICTMENT against Joe Oole and others, heard by Judge Francis D. Winston and a jury, at Fall Term, 1902, of the Superior Court of Vance County.

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INDICTMENT against Joe Oole and others, heard by Judge Francis D. Winston and a jury, at Fall Term, 1902, of the Superior Court of Vance County. From a verdict of guilty of murder in the first degree against Joe Cole, and judgment thereon, he appealed. ® The prisoner was indicted for murder, as follows: The jurors, etc., present that Joe Cole, Joe Cole, Jr., and John Jones, late of the County of Vance, on the 29th day of September, 1902, with force and arms, at and in the county aforesaid, feloniously, wilfully and of their malice aforethought, did hill and murder Fred. Stevens, contrary to…

1DissentClark, C. J.

There is no contradiction in the testimony upon which the exceptions made to the charge of his honor are based. Clements, the conductor in charge of the train, found, upon leaving Manson, several negroes in the *1081rear end of the second-class car for whites, singing boisterous songs. There were six or seven of them, including the prisoner. He said to them that they were in the wrong car— “You will have to go to your car.” They paid no attention. He tapped “little Joe” on the shoulder and repeated the language. He said “By G — d! we will when we get ready.” The conductor went out, opening the…

2Cases cited11 opinions

  1. Wittkowsky v. WassonSupreme Court of North Carolina · 1874
  2. State v. FullerSupreme Court of North Carolina · 1894
  3. State v. LeeSupreme Court of Connecticut · 1894
  4. State v. . ThomasSupreme Court of North Carolina · 1896
  5. Cable v. Southern Railway Co.Supreme Court of North Carolina · 1898

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