Legal Opinion

State v. Dallas

Supreme Court of North Carolina

Decided December 14, 1960No. 584PublishedCited by 6 opinions

1Per curiam

Defendant denied that he intentionally shot deceased. The court charged the jury: “. . . (Y)ou may return one of three verdicts: a verdict of guilty of murder in the second degree, a verdict ■of guilty of manslaughter, or a verdict of not guilty on the grounds >of self-defense.” The charge as a whole limits the authority of the jury to return a verdict of not guilty to a finding of “not guilty by reason of self-defense.” At no time was the jury instructed that, if upon a fair and impartial consideration of the evidence they had a reasonable doubt of defendant’s guilt, it would be their duty…

2Cases cited2 opinions

  1. State v. . BakerSupreme Court of North Carolina · 1942
  2. State v. . HowellSupreme Court of North Carolina · 1940

3Cited by6 opinions

  1. State v. PhillipsSupreme Court of North Carolina · 1965
  2. State v. McHoneCourt of Appeals of North Carolina · 2005
  3. State v. FowlerSupreme Court of North Carolina · 1966
  4. State v. McArthurCourt of Appeals of North Carolina · 2007
  5. State v. JenkinsCourt of Appeals of North Carolina · 2008

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