Legal Opinion
State v. Talbert
Supreme Court of North Carolina
Decided March 14, 1973No. 19PublishedCited by 17 opinions
1Opinion of the Court
SHARP, Justice.
Defendant’s assignment of error No. 13 is that “the court erred in entering the judgment as it appears of record.” This assignment must be sustained, for — as defendant asserts — the verdict, “guilty as charged,” will not support a sentence for murder in the first degree in this case. Therefore, the verdict and judgment must be set aside and the case remanded for trial de novo.
Prior to 1893 there were no degrees of murder in North Carolina. Any unlawful killing of a human being with malice aforethought was murder and punishable by death. By Sections One and Two of N. C. Sess.…
2Cases cited23 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- State v. WaddellSupreme Court of North Carolina · 1973
- Funicello v. New JerseySupreme Court of the United States · 1971
- State v. . MaysSupreme Court of North Carolina · 1945
- State v. ChildsSupreme Court of North Carolina · 1967
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. JarretteSupreme Court of North Carolina · 1974
- State v. ThomasSupreme Court of North Carolina · 1989
- State v. MeltonSupreme Court of North Carolina · 1983
- State v. LerouxSupreme Court of North Carolina · 1990
- State v. HickeySupreme Court of North Carolina · 1986
12 more not listed; retrieve them via the Exa API.