State v. Cloninger
Supreme Court of North Carolina
ACTION tried before Moore, J., and a jury, February Term, 1908, of Gaston. Will Oloninger, John Oloninger, Charles Costner and Tol-lie Oloninger were indicted for the murder of John Mauney. Tollie Oloninger was acquitted. 'The others were each convicted of manslaughter and sentenced respectively, in the order of their names as above, to throe, two and one year each on the public roads, and appealed.
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ACTION tried before Moore, J., and a jury, February Term, 1908, of Gaston. Will Oloninger, John Oloninger, Charles Costner and Tol-lie Oloninger were indicted for the murder of John Mauney. Tollie Oloninger was acquitted. 'The others were each convicted of manslaughter and sentenced respectively, in the order of their names as above, to throe, two and one year each on the public roads, and appealed. There was evidence that John Mauney was struck in the head With a base-ball bat in the hands of Will Oloninger, one of the prisoners, on 8 August, 1901; that the blow caused his death, and that…
1Opinion of the CourtCx.ARiv, C. J.
The prisoner’s brief does not rely on the first three exceptions. The fourth exception is that his Honor narrated facts not found in the evidence, but an examination of the record shows that the Court was stating the contentions of the State, and there was evidence in their support.
*571Tbe prisoner’s exceptions 5 and 6 are to tbe following instruction: “You should likewise consider tbe evidence as to the character of tbe witnesses, whether that evidence was elicited from the witnesses themselves on cross-examination or otherwise, or whether it was told by witnesses who were called to testify as…
2Cases cited7 opinions
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. Jarrell.Supreme Court of North Carolina · 1906
- State v. FosterSupreme Court of North Carolina · 1902
- State v. . HaywoodSupreme Court of North Carolina · 1867
- State v. . DavisSupreme Court of North Carolina · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- State v. BirchfieldSupreme Court of North Carolina · 1952
- State v. . EppsSupreme Court of North Carolina · 1938
- State v. LittleSupreme Court of North Carolina · 1971
- State v. . ColsonSupreme Court of North Carolina · 1927
14 more not listed; retrieve them via the Exa API.