Legal Opinion

State v. . Stewart

Supreme Court of North Carolina

Decided October 11, 1911PublishedCited by 19 opinions

Appeal from Peebles, S., at February Term, 1911, of Samp-sou-. The defendant is charged in the indictment with, the crime of murder, and was convicted of manslaughter. Cleveland Bronson, a witness for the State, gave the following account of the killing, which was corroborated by several witnesses: “The prisoner was teaching school at the colored Herring Sehoolhouse in Lisbon Township. I was passing by there at the morning recess. It was raining when I got there.

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Appeal from Peebles, S., at February Term, 1911, of Samp-sou-. The defendant is charged in the indictment with, the crime of murder, and was convicted of manslaughter. Cleveland Bronson, a witness for the State, gave the following account of the killing, which was corroborated by several witnesses: “The prisoner was teaching school at the colored Herring Sehoolhouse in Lisbon Township. I was passing by there at the morning recess. It was raining when I got there. I was hunting and had my gun, and I set my gun down at the sehoolhouse door; this was about the 26th of last January. The scholars…

1Opinion of the CourtAlleN, J.

We bave examined all of tbe exceptions appearing in tbe record, and find nothing of wbicb tbe defendant can justly complain.

It appears to us tbat be bas been dealt witb mercifully, as tbe evidence would bave sustained a verdict of murder in tbe second degree, if not one in tbe first degree.

Many of tbe exceptions were evidently taken as matter of precaution, during tbe progress of tbe trial, and not witb tbe expectation tbat tbey could be successfully urged as ground for a new trial.

Tbe first three exceptions belong to this class, as tbe witness bad to tell wbat took place at tbe time of tbe…

2Cases cited2 opinions

  1. State v. . HollySupreme Court of North Carolina · 1911
  2. State v. Ledford.Supreme Court of North Carolina · 1903

3Cited by19 opinions

  1. Rutledge v. Tultex Corp./Kings YarnSupreme Court of North Carolina · 1983
  2. Dean v. Carolina Coach Company, Inc.Supreme Court of North Carolina · 1975
  3. State v. . MerrickSupreme Court of North Carolina · 1916
  4. Robinson v. JP Stevens and Co., Inc.Court of Appeals of North Carolina · 1982
  5. Godfrey v. . Power Co.Supreme Court of North Carolina · 1925

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