State v. . Vines
Supreme Court of North Carolina
Homicide — Manslaughter—Reckless Use of Dangerous Weapons —Accident—Evidence— Opinion. The prisoner was tried for the murder of one Samuel Joyner, at Spring Term, 1885, of GreeNE Superior Court before Gndger, Judge. There was a verdict against, the prisoner for manslaughter, and judgment being pronounced thereon, he appealed.
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Homicide — Manslaughter—Reckless Use of Dangerous Weapons —Accident—Evidence— Opinion. The prisoner was tried for the murder of one Samuel Joyner, at Spring Term, 1885, of GreeNE Superior Court before Gndger, Judge. There was a verdict against, the prisoner for manslaughter, and judgment being pronounced thereon, he appealed. The part of the case settled upon appeal necessary to a proper understanding of the opinion of the Court, is as follows: “The only evidence adduced on the trial, was the testimony of one Freeman Streeter, sworn and introduced as a State’s witness. He testified that he,…
1Opinion of the Court
MerkimoN, J.,
(after stating the facts). The Court instructed the jury, that if they should believe the evidence, the prisoner was guilty of manslaughter. They rendered a verdict of guilty of that offence, and it must be taken that they believed the evidence ; and, if they did, it is manifest that the prisoner was at least guilty of manslaughter. If it be granted that he and Hines were in jest and rough sport — and this is by no means certain — he was using a dangerous weapon — a loaded pistol, knowing that it was loaded — not only incautiously, but in a most reckless and unlawful manner. He…
2Cases cited5 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. . Baker and OthersSupreme Court of North Carolina · 1869
- State v. . ElwoodSupreme Court of North Carolina · 1875
- State v. . BurkeSupreme Court of North Carolina · 1880
- State v. . ShirleySupreme Court of North Carolina · 1870
3Cited by40 opinions
- State v. FoustSupreme Court of North Carolina · 1963
- State v. RedfernSupreme Court of North Carolina · 1976
- Ballard v. BallardSupreme Court of North Carolina · 1949
- State v. Horton.Supreme Court of North Carolina · 1905
- State v. SandersSupreme Court of North Carolina · 1978
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