State v. McClure
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at September Term, 1913, of Guilford. This is an indictment for murder. Tbe prisoner, a negro boy, was found g'uilty of tbe murder in tbe first degree of E. L. Bain, a deputy sheriff, and was sentenced to death, and appealed.
Read the full summary
Appeal by defendant from Shaw, J., at September Term, 1913, of Guilford. This is an indictment for murder. Tbe prisoner, a negro boy, was found g'uilty of tbe murder in tbe first degree of E. L. Bain, a deputy sheriff, and was sentenced to death, and appealed. Tbe record shows evidence tending to establish tbe following facts: Pomona Station is about 3 miles west of Greensboro, and Pomona Cotton Mill is about one-half mile west of Pomona Station, both being on railroad and public road. Terra Cotta is about a quarter of a mile northwest of Pomona Mill. A street-car line runs out west from…
1Opinion of the CourtAlleN, J.
We have examined the charge of his Honor with great care, and find no error ¿n the charge given, or in the refusal of the special instructions, nor do we concur in the position that the evidence and contentions of the State were unduly emphasized.
The criticism of the charge that ''The burden would be upon the defendant to show facts and circumstances in mitigation,” and, “If the defendant, as heretofore explained by the court, has offered evidence which mitigates the offense,” is supported by S. v. Castle, 133 N. C., 769, upon the ground that such a charge excludes the idea that the prisoner…
2Cases cited10 opinions
- State v. . McCormacSupreme Court of North Carolina · 1895
- State v. . DowdenSupreme Court of North Carolina · 1896
- State v. Horner.Supreme Court of North Carolina · 1905
- State v. . GarrettSupreme Court of North Carolina · 1863
- State v. . JonesSupreme Court of North Carolina · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. FaustSupreme Court of North Carolina · 1961
- State v. . BensonSupreme Court of North Carolina · 1922
- State v. SandersSupreme Court of North Carolina · 1970
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. McQueenSupreme Court of North Carolina · 1989
10 more not listed; retrieve them via the Exa API.