State v. . Evans
Supreme Court of North Carolina
AotioN tried before Lyon, J., and a jury at August Term, 1918, of' CuMBBRLAND. Tbe prisoner was indicted for the murder of Yivian L. Bundy, and was convicted of murder in the second degree. The State’s evidence tended to show that Bundy, the deceased, was woods boss of a gang of sawmill hands, of whom the defendant, Dave Evans, was one.
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AotioN tried before Lyon, J., and a jury at August Term, 1918, of' CuMBBRLAND. Tbe prisoner was indicted for the murder of Yivian L. Bundy, and was convicted of murder in the second degree. The State’s evidence tended to show that Bundy, the deceased, was woods boss of a gang of sawmill hands, of whom the defendant, Dave Evans, was one. W. M. Dixon, paymaster and general manager of the mill, had 'loaned the defendant $2.50 the Saturday before and had told Bundy and Walker, who ran the sawmill, to get the checks for it when Evans came for settlement the following Saturday. The State’s witness,…
1Opinion of the Court
WalKER, J.,
after stating the case: The motion for a nonsuit was properly overruled. As we have said in our statement of the case, there was evidence upon which the jury might well have concluded that the prisoner was the aggressor in the quarrel with the deceased; that he went to his home for the purpose of getting his pistol and thereby preparing himself for the combat, so that he would have the advantage of his adversary, and that this was done with the purpose and intent of engaging in the fight and slaying the deceased at the first opportunity. He was willing and ready for the fray, and…
2Cases cited16 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- State v. Ledford.Supreme Court of North Carolina · 1903
- State v. . CrispSupreme Court of North Carolina · 1916
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. . BaldwinSupreme Court of North Carolina · 1922
- State v. WatsonSupreme Court of North Carolina · 1975
- State v. MangumSupreme Court of North Carolina · 1957
- Newton v. RobertsSupreme Court of Georgia · 1926
- State v. OutenSupreme Court of South Carolina · 1961
3 more not listed; retrieve them via the Exa API.