State v. . Rollins
Supreme Court of North Carolina
Indictment for murder, tried before Bryan, J, and a jury, at March Term, 1893, of Durham Superior Court. There was a verdict of “ not guilty of the felony and murder as charged in the bill of indictment, but guilty of the felonious slaying.” From the judgment thereon the defendant appealed.
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Indictment for murder, tried before Bryan, J, and a jury, at March Term, 1893, of Durham Superior Court. There was a verdict of “ not guilty of the felony and murder as charged in the bill of indictment, but guilty of the felonious slaying.” From the judgment thereon the defendant appealed. Defendant was a policeman of the town of Durham, assigned to special duty in a locality called “Smoky Hollow,” just beyond the corporate limits of the town, the locality being inhabited, for the most part, by lewd women. On the evening of the homicide he was drunk and called, in company with Dick ITapper,…
1Opinion of the Court
Clabk, J.:
Exception 1. — The question was properly ruled out. It would not have served to corroborate wituess as to what she saw, which would have been competent, but only to show her belief or surmise at the time of the nature of the occurrence. It was simply irrelevant, and could throw no light upon the facts attending the homicide. There was no attempt to “ cut off the head” of anyone. That the witness thought and said otherwise that night, when she saw nothing that took place, is immaterial.
Exception 2. — The question was improperly excluded. It was competent to show the declaration ot'…
2Cases cited24 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . VannSupreme Court of North Carolina · 1880
- State v. . BowmanSupreme Court of North Carolina · 1879
- State v. . ByersSupreme Court of North Carolina · 1888
19 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. MobleySupreme Court of North Carolina · 1954
- State v. . CreechSupreme Court of North Carolina · 1949
- S. v. . BlackwellSupreme Court of North Carolina · 1913
- State v. CreechSupreme Court of North Carolina · 1949
36 more not listed; retrieve them via the Exa API.