State v. . Ussery
Supreme Court of North Carolina
INDICTMENT eor murder, tried at December Term, 1895, of Riohmond Superior Court, before Robinson, J., and a jury. The defendant was charged with the murder of Oliver Capel, was convicted of manslaughter, and, after being sentenced to imprisonment at the State penitentiary for a term of ten years, appealed. It is not necessary to state the facts connected with the killing in order to an understanding of the decision.
1Opinion of the Court
Faircloth, C. J.:
The defendant was indicted for murder and convicted of manslaughter. There were numerous exceptions to the admission and exclusion of evidence and to the charge of the court. u Several of these were abandoned in this Court, and we note only those which seemed to be relied on.
One of the exceptions relied on in the argument is that his Honor failed to tell the jury whether the stick used was a deadly weapon. -This we need not discuss, as the verdict is only for manslaughtei, and the prisoner has the benefit of treating the stick as not being a deadly weapon, because…
2Cases cited5 opinions
- Boon v. . MurphySupreme Court of North Carolina · 1891
- State v. . GradySupreme Court of North Carolina · 1880
- State v. . PritchettSupreme Court of North Carolina · 1890
- Greenlee v. . GreenleeSupreme Court of North Carolina · 1885
- State v. . HillSupreme Court of North Carolina · 1894
3Cited by21 opinions
- State v. StegmannSupreme Court of North Carolina · 1975
- State v. . SmoakSupreme Court of North Carolina · 1938
- State v. McEachernSupreme Court of North Carolina · 1973
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- State v. SmoakSupreme Court of North Carolina · 1938
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