State v. . Baldwin
Supreme Court of North Carolina
Appeal from Councül, J., at Fall Term, 1909, of Watauga. Indictment for murder. There was evidence on tbe part of tbe State tending to sbow tbat on 6 July, 1909, tbe prisoner sbot and killed J. W. Miller, deceased, wbo was at tbe time tbe town marshal of Blowing Rock, N. C.; tbat prisoner was going out of town towards Linville, wben tbe deceased, wbo was fifty steps behind, called to prisoner, overtook him, and, claiming to have a warrant for prisoner, arrested him and…
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Appeal from Councül, J., at Fall Term, 1909, of Watauga. Indictment for murder. There was evidence on tbe part of tbe State tending to sbow tbat on 6 July, 1909, tbe prisoner sbot and killed J. W. Miller, deceased, wbo was at tbe time tbe town marshal of Blowing Rock, N. C.; tbat prisoner was going out of town towards Linville, wben tbe deceased, wbo was fifty steps behind, called to prisoner, overtook him, and, claiming to have a warrant for prisoner, arrested him and started him back towards town; tbat be shoved tbe prisoner twice to burry him along, and tbe second time tbe prisoner pulled…
1Opinion of the Court
Hoice, J.,
after stating the case: We have given the appeal the extended and careful consideration that a case of this character should always receive, and are of opinion that, on the facts as they now appear, the element of malice, required by the law as a constituent feature of the crime of murder, has been negatived, and that if on another trial the facts should be substantially the same, the prisoner is entitled to have his cause submitted and determined on the question of his guilt or innocence of the crime of manslaughter.
In S. v. Banks, 143 N. C., 652-656, speaking of malice as an…
2Cases cited10 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . VannSupreme Court of North Carolina · 1880
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. . BensonSupreme Court of North Carolina · 1922
- State v. MooreSupreme Court of North Carolina · 1969
- State v. DuboiseSupreme Court of North Carolina · 1971
- State v. NorrisSupreme Court of North Carolina · 1981
- State v. PotterSupreme Court of North Carolina · 1978
27 more not listed; retrieve them via the Exa API.