State v. . Tilly
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford Comity, at Spring Term, 1843, his Honor Judge Battle presiding. The defendant was tried upon an indictment for the murder of William G. Martin.
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Appeal from the Superior Court of Law of Guilford Comity, at Spring Term, 1843, his Honor Judge Battle presiding. The defendant was tried upon an indictment for the murder of William G. Martin. On the trial, Rebecca Goff, the first witness for the State testified that, at the time of the homicide, 9th September last, she was a single woman, living in the family of the prisoner, who was an overseer of the deceased on a plantation in Stokes, about 4 miles (rom the place at which the deceased used to reside — that in the evening, before it took place,- the deceased was superintending the mowing…
1Opinion of the CourtRuppin, C. J.
The court is -of opinion, that evidence of the temper and deportment oi the deceased towards hi-s overseers and tenants was properly rejected, for several reasons. In the first place it was irrelevant, as it did not profess to slate, that the deceased was in the habit of assaulting the persons in his employment, but, at most, of being overbearing to them, and provoking them by arrogant and abusive language. If all that be .admit ted, it does not raise an argument of an assault by the deceased on .the prisoner, but of ill words only: which would not palliate-the homicide. And, indeed, in a…
2Cited by9 opinions
- State v. . RollinsSupreme Court of North Carolina · 1893
- State v. ByrdSupreme Court of North Carolina · 1897
- State v. BrocksSupreme Court of Iowa · 1922
- State v. Lilliston.Supreme Court of North Carolina · 1906
- Cotton v. Manufacturing Company.Supreme Court of North Carolina · 1906
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