State v. . Fowler
Supreme Court of North Carolina
1Concurrence · WalkerWalker, J.
This appeal presents two assignments of error.
1. Did the judge err in submitting to the jury the question of manslaughter? Under S. v. Quick, 150 N.C. 820, such an error is without prejudice to the defendant, and he cannot complain. When, as in this case, the plea is self-defense and the killing with a deadly weapon is established or admitted, two presumptions arise — (1) that the killing was unlawful; (2) that it was done with malice.
An unlawful killing is manslaughter, and when there is the added element of malice it is murder in the second degree. When the defendant takes up the laboring…
Also in this document: Concurrence · Walker.
2Cases cited15 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- Collins v. Davis.Supreme Court of North Carolina · 1903
- State v. . QuickSupreme Court of North Carolina · 1909
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Kimberly v. HowlandSupreme Court of North Carolina · 1906
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3Cited by15 opinions
- State v. RogersSupreme Court of North Carolina · 1968
- State v. RaySupreme Court of North Carolina · 1980
- State v. PhillipsSupreme Court of North Carolina · 1965
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. . MillerSupreme Court of North Carolina · 1929
10 more not listed; retrieve them via the Exa API.