State v. Johnson
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at Fall Terra, 1913, of Avery. The defendant was indicted for the murder of Roby Carter on 21 July, 1913, and from the judgment rendered on a verdict of manslaughter, he appealed. He was sentenced to four years in the State’s Prison. The deceased was living on a place owned by one Charles Yoncanon, about 1% or 2 miles' from Yoneanon’s residence.
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Appeal by defendant from Cline, J., at Fall Terra, 1913, of Avery. The defendant was indicted for the murder of Roby Carter on 21 July, 1913, and from the judgment rendered on a verdict of manslaughter, he appealed. He was sentenced to four years in the State’s Prison. The deceased was living on a place owned by one Charles Yoncanon, about 1% or 2 miles' from Yoneanon’s residence. The defendant is a boy of about 17 years of age, whose home is in Georgia, and who had been living with the Yoncanons since about 20 April. On the night of the homicide the deceased went to the Yoncanon pasture and…
1Opinion of the CourtAlleN, J.
The charge of his Honor deprived the defendant of the benefit of his plea of self-defense, and if there is any evidence to support the plea, the charge is erroneous.
This Court said in S. v. Gray, 162 N. C., 612, that, “One may kill when necessary in defense of himself, his family, or his home, and he has the same right when not actually necessary, if he believes it tO' be so, and he has a reasonable ground for the belief,” and in S. v. Kimbrell, 151 N. C., 709, “If there was any evidence to go to the jury in support of this contention, then it was for the jury, and not for the court, to pass…
2Cases cited8 opinions
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. Blevins.Supreme Court of North Carolina · 1905
- State v. . NashSupreme Court of North Carolina · 1883
- State v. Hough.Supreme Court of North Carolina · 1905
- State v. BlackwellSupreme Court of North Carolina · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BushSupreme Court of North Carolina · 1982
- State v. SpauldingSupreme Court of North Carolina · 1979
- State v. RawleySupreme Court of North Carolina · 1953
- State v. GoodeSupreme Court of North Carolina · 1959
- State v. HughesCourt of Appeals of North Carolina · 1986
5 more not listed; retrieve them via the Exa API.