State v. . Rountree
Supreme Court of North Carolina
Appeal by defendant from Horton, J., at November Term, 1920, of CuMBERLAND. Criminal prosecution, tried upon an indictment charging tbe defendant with manslaughter. There was-evidence on behalf of the State tending to show that on Sunday, 25 April, 1920, about 6 p. m., James A. King was struck by an automobile and injured to such an extent that he died within three or four hours thereafter.
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Appeal by defendant from Horton, J., at November Term, 1920, of CuMBERLAND. Criminal prosecution, tried upon an indictment charging tbe defendant with manslaughter. There was-evidence on behalf of the State tending to show that on Sunday, 25 April, 1920, about 6 p. m., James A. King was struck by an automobile and injured to such an extent that he died within three or four hours thereafter. At the time of the injury the deceased was on the north side of Hillsboro Street extended, near a sharp turn or curve in the road, • about .one mile north of the corporate limits of the city of…
1Opinion of the CourtStacy, J.
We have not stated all the evidence, because the foregoing would seem to be sufficient to dispose of the defendant’s appeal. Considering the testimony in its most favorable light to the State, the accepted position on. a motion of this kind, we think his Honor properly submitted tbe case to the jury. S. v. Oakley, 176 N. C., 755; S. v. Carlson, 171 N. C., 818. Tbe Court’s inquiry upon sucb a motion is directed to tbe sufficiency of tbe evidence to support or warrant a verdict. (S. v. Hart, 116 N. C., 976), and not to its weight or to tbe credibility of tbe witnesses. S. v. Utley, 126 N. C.,…
2Cases cited11 opinions
- Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
- State v. . GraySupreme Court of North Carolina · 1920
- State v. GoetzSupreme Court of Connecticut · 1910
- State v. . TankersleySupreme Court of North Carolina · 1916
- State v. McIverSupreme Court of North Carolina · 1917
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3Cited by73 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . CopeSupreme Court of North Carolina · 1933
- Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. BealSupreme Court of North Carolina · 1930
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