State v. . Haney
Supreme Court of North Carolina
This was an indictment for murder, tiied before Henry, J at Spring Term,. 1872, of Yancey Superior Court. The prisoner was charged with the murder of James Haney. The evidence was that the homicide was committed in November, 1865. The quarrel grew out of a misunderstanding concerning a discharge which the deceased had purchased from the prisoner, and which the deceased desired the prisoner to take back, and to give up a pistol, &c., &c.
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This was an indictment for murder, tiied before Henry, J at Spring Term,. 1872, of Yancey Superior Court. The prisoner was charged with the murder of James Haney. The evidence was that the homicide was committed in November, 1865. The quarrel grew out of a misunderstanding concerning a discharge which the deceased had purchased from the prisoner, and which the deceased desired the prisoner to take back, and to give up a pistol, &c., &c. The prisoner refused to recant the trade, and an altercation took place in which the deceased was shot and killed by the prisoner. It was agreed by the…
1Opinion of the CourtReads, J.
There is no reason to suppose that the homicide grew out of any “ war duties or war passions,” so as to bring it within the benefit of the amnesty act. Long after the war was over, but prior to 1st January, 1866, the parties quarrelled abont a trade which they had made while they were soldiers, and the prisoner killed the deceased. They were not enemies during the war, but were together in the same army on the same side, so that the transaction about which they subsequently quarrelled was] not an act of hostility but of friendly dealing. We are of the opinion that the amnesty act does not…
2Cases cited1 opinion
- State v. . SheltonSupreme Court of North Carolina · 1871
3Cited by10 opinions
- State v. VanceSupreme Court of North Carolina · 1991
- People v. HamiltonMichigan Supreme Court · 1889
- Commonwealth v. RobertsonMassachusetts Supreme Judicial Court · 1894
- Palmer v. PeopleIllinois Supreme Court · 1891
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
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