Legal Opinion · Dissent

State v. Durham

Supreme Court of North Carolina

Decided March 6, 1906Published

INDICTMENT for murder against Erail Durham, heard by Judge TP. B. Gouncill and .a jury, at the .August Term, 1905, of the Superior Court of Pole. The defendant was convicted of murder in the second degree, and from the sentence of the court pronounced thereon, appealed.

1DissentWalker, J.

I am unable to concur with the majority of the court in the conclusion they have reached in this case. As the effect of the decision is to deprive the citizen of tire important right of self-defense when upon the plainest principles of law he is justly entitled to it, I deem it but right that my views should be stated somewhat at length, supported, as I think they are, by the highest and weightiest authority. In order to understand the precise question presented, it will be necessary to summarize the facts, for they are not stated in the opinion of the court, as I understand them.

The…

2Cases cited23 opinions

  1. Bissot v. StateIndiana Supreme Court · 1876
  2. Sossamon v. Cruse.Supreme Court of North Carolina · 1903
  3. Plummer v. StateIndiana Supreme Court · 1893
  4. State v. Horner.Supreme Court of North Carolina · 1905
  5. State v. UnderwoodSupreme Court of Missouri · 1881

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