State v. . McDaniel
Supreme Court of North Carolina
Indictment for murder, tried before Jones, J, and a jury, at October Term, 1894, of the Criminal Court of BuNCOMbe County, and the following are the defendant McDaniel’s exceptions to his Honor’s charge to the jury: 1. His Honor charged the jury, among other things, as follows : “ The question of their lives and deaths is in your hands. You must act honestly, conscientiously and fearlessly.”
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Indictment for murder, tried before Jones, J, and a jury, at October Term, 1894, of the Criminal Court of BuNCOMbe County, and the following are the defendant McDaniel’s exceptions to his Honor’s charge to the jury: 1. His Honor charged the jury, among other things, as follows : “ The question of their lives and deaths is in your hands. You must act honestly, conscientiously and fearlessly.” To which McDaniel excepted. 2. His Honor charged the jury, among other things, as follows: “As in my opinion there are no facts in this case from which you can infer that the killing was excusable,…
1Opinion of the Court
Shepherd, C. J.:
Both of the prisoners were convicted of murder in the first degree, but as no -exceptions were taken or errors assigned by the prisoner Webb, and no error appearing on the face of the record, the judgment below must, as a matter of course, be affirmed as to him.
We need therefore only consider the exceptions of the prisoner McDaniel—
1. His Honor, among other things, charged the jury: “ That the question of their (the prisoners’) lives and deaths are in our hands. You must act honestly, conscientiously and fearlessly.” We are at a loss to understand how these remarks could have…
2Cited by7 opinions
- State v. . TrottSupreme Court of North Carolina · 1925
- State v. . HammondsSupreme Court of North Carolina · 1939
- State v. . PulliamSupreme Court of North Carolina · 1922
- State v. . KaleSupreme Court of North Carolina · 1899
- State v. HammondsSupreme Court of North Carolina · 1939
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