State v. . Coble
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at January Criminal Term, 1919, of GuilfoRd. Tbe defendant was indicted for murder in tbe first degree. At tbe beginning of tbe trial tbe solicitor stated in open court that be would ask a conviction only for murder in tbe second degree or of manslaughter. Tbe evidence is stated in tbe case settled upon agreement as follows: “James Greeson, on Christmas Day 1918, was running a small illicit still near bis bouse in Guilford County.
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Appeal by defendant from Lane, J., at January Criminal Term, 1919, of GuilfoRd. Tbe defendant was indicted for murder in tbe first degree. At tbe beginning of tbe trial tbe solicitor stated in open court that be would ask a conviction only for murder in tbe second degree or of manslaughter. Tbe evidence is stated in tbe case settled upon agreement as follows: “James Greeson, on Christmas Day 1918, was running a small illicit still near bis bouse in Guilford County. On tbe morning of that day Elwood Brothers and James Coble, the defendant, were present, looking on. They were taking no part…
1Opinion of the CourtClaek, C. J.
The exceptions are to the refusal of a motion to non-suit and to the following paragraphs in the charge: “Now if you should find beyond a reasonable doubt that a sudden quarrel arose between these men, and that in the heat of passion and in sudden fury because of things that were said to him by these other men or done to him, or by any combat which came on between them in which they engaged suddenly about matters, this defendant was at fault in entering into and fighting in combat willfully, fought willfully and wrongfully, that is, not in self-defense, and in the heat of passion slew the…
2Cases cited9 opinions
- State v. . CoxSupreme Court of North Carolina · 1910
- State v. . CrispSupreme Court of North Carolina · 1916
- State v. Turnage.Supreme Court of North Carolina · 1905
- State v. . LimerickSupreme Court of North Carolina · 1908
- S. v. . TrollingerSupreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- State v. HovisSupreme Court of North Carolina · 1951
- State v. StimpsonSupreme Court of North Carolina · 1971
- State v. . BoldinSupreme Court of North Carolina · 1947
1 more not listed; retrieve them via the Exa API.