State v. . Benson
Supreme Court of North Carolina
Appeal by defendant from McElroy, J„ at November Term, 1921, of Ieedell. Criminal prosecution, tried upon an indictment charging the defendant with murder. There was evidence on behalf of the State tending to show that J. Robert Dishman, accompanied by Yan Benfield, was traveling in a Ford car along a public highway in Iredell County when, late in the afternoon of Sunday, 18 September, 1921, be approached a horse and buggy standing near the edge of the road.
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Appeal by defendant from McElroy, J„ at November Term, 1921, of Ieedell. Criminal prosecution, tried upon an indictment charging the defendant with murder. There was evidence on behalf of the State tending to show that J. Robert Dishman, accompanied by Yan Benfield, was traveling in a Ford car along a public highway in Iredell County when, late in the afternoon of Sunday, 18 September, 1921, be approached a horse and buggy standing near the edge of the road. The horse was tied to a post, with the buggy angling across the road. At the approach of the automobile the horse suddenly jerked back…
1Opinion of the CourtStacy, J.
Tbe prisoner has bad a fair trial. He has been convicted of murder in the first degree, and rightly so. His conduct was heartless and cruel. Tbe deceased was unusually patient, and at no time was bis manner threatening. On tbe contrary, again and again be reiterated that be was willing to pay tbe defendant for any damage be bad sustained. There was abundant evidence to support tbe verdict.
His Honor charged tbe jury fully upon every aspect of tbe case, and explained clearly tbe difference between tbe three degrees of an unlawful homicide, to wit: murder in tbe first degreej murder in tbe…
2Cases cited9 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . BaldwinSupreme Court of North Carolina · 1910
- State v. . CarlandSupreme Court of North Carolina · 1884
- State v. Lipscomb.Supreme Court of North Carolina · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- State v. WilkersonSupreme Court of North Carolina · 1978
- State v. FoustSupreme Court of North Carolina · 1963
- State v. FaustSupreme Court of North Carolina · 1961
- State v. BushSupreme Court of North Carolina · 1982
- State v. MyersSupreme Court of North Carolina · 1980
106 more not listed; retrieve them via the Exa API.