State v. . Shelton
Supreme Court of North Carolina
INDICTMENT for MURDEB, tried before bis Honor Judge Saunders, at the Spring Term, 1855, of Buncombe Superior Court. The offense was charged to have been committed on the body of Drury Norton, by the prisoner, and that Til in an Lan-ders and Lewis Shelton were present, aiding and abetting the prisoner in the felonious act. The bill was found in the county of Madison, and the cause removed for trial, on the affidavit of the prisoner, to the county of Buncombe.
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INDICTMENT for MURDEB, tried before bis Honor Judge Saunders, at the Spring Term, 1855, of Buncombe Superior Court. The offense was charged to have been committed on the body of Drury Norton, by the prisoner, and that Til in an Lan-ders and Lewis Shelton were present, aiding and abetting the prisoner in the felonious act. The bill was found in the county of Madison, and the cause removed for trial, on the affidavit of the prisoner, to the county of Buncombe. The declarations of the deceased, after receiving the blow, were offered by the State, and received by the .Court under the following…
1Opinion of the CourtPeausoN, J.
If the fight was a continuous act, from its commencement at the house, until the fatal blow was struck in the orchard, although the throwing of stones and other offensive acts was not kept up incessantly, but was suspended at times, as the parties saw proper to change their position or seek other weapons, the killing was but manslaughter: because the assault with the axe and maul, and by throwing of stones, was not only a legal provocation on both sides, but was a provocation of a highly exciting character, by which the lives of the parties were mutually put in danger, and each was impelled,…
2Cited by17 opinions
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- State v. BealSupreme Court of North Carolina · 1930
- Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. . DaltonSupreme Court of North Carolina · 1934
- Seifert v. StateIndiana Supreme Court · 1903
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