State v. . Smith
Supreme Court of North Carolina
IndictmeNT for Murder, tried at Spring Term, 1877, of Mecklenburg Superior Court, before Cloud, J. The case is sufficiently stated by Mr. Justice Eaircloth in delivering the opinion of this Court. Yerdict of guilty. Judgment. Appeal by defendant.
1Opinion of the Court
Eaircloth J.
Homicide is murder unless it be attended with extenuating circumstances which must appear to the satisfaction of the jury, and if the jury are left in doubt on this point it is still murder. If A assault B, giving him a severe blow or otherwise making the provocation great, and B strikes him with a deadly weapon and death ensues, the law in deference to human passion sa^s this is manslaughter.
If the provocation be slight, and it can be collected from the -weapon used or any other circumstance that the prisoner intended to kill or do great bodily harm and death follows,, it is…
2Cited by25 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . QuickSupreme Court of North Carolina · 1909
- State v. . CreechSupreme Court of North Carolina · 1949
- State v. CreechSupreme Court of North Carolina · 1949
- State v. . RollinsSupreme Court of North Carolina · 1893
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