Legal Opinion

State v. . Henry Swink

Supreme Court of North Carolina

Decided December 5, 1836PublishedCited by 10 opinions

The defendant was put upon his trial at Rowan, on the last Circuit, before his Honor Judge Settle, for the murder of his wife. In the course of the trial, it appeared in evidence that the deceased came to her death by a stroke upon her head, and by choaking and strangulation by means of a rope.

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The defendant was put upon his trial at Rowan, on the last Circuit, before his Honor Judge Settle, for the murder of his wife. In the course of the trial, it appeared in evidence that the deceased came to her death by a stroke upon her head, and by choaking and strangulation by means of a rope. It was then offered to be proved, on the part of the state, that the prisoner, when before the committing magistrate, and before his examination had commenced, said, in reply to an observation made by a person present who had a rope in his hand, “ that is not the ropewhereupon the magistrate said, “…

1Opinion of the Court

Gaston, Judge.

The prisoner was convicted at the last Term of the Superior Court of Rowan, on an indictment for the murder of his wife,, and from the sentence pronounced on that conviction has appealed to this court. Several objections are here taken by His counsel to the regularity of the proceedings below. It is alleged, in the first place, that the court erred in permitting improper testimony to be received against him. The material circumstances set forth in the case as connected with the subject-matter of the exception, are these: It appeared from the evidence, that the deceased came to…

2Cited by10 opinions

  1. State v. . LawrenceSupreme Court of North Carolina · 1929
  2. State v. FowlerSupreme Court of North Carolina · 1949
  3. State v. . SpencerSupreme Court of North Carolina · 1918
  4. State v. . KellySupreme Court of North Carolina · 1940
  5. State v. KellySupreme Court of North Carolina · 1940

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