State v. . West
Supreme Court of North Carolina
Appeal from Councill, Jat March Term, 1910, of Bueke. Indictment for secret assault with intent to kill. The defendant was indicted, tried and convicted of a secret assault upon one J. D. Morgan, with intent to- kill, on the night of 24 January, 1910, in Burke County. The prosecuting witness, Morgan, testified that he, in company with several other men, were walking along a road, he and one Fisher in front.
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Appeal from Councill, Jat March Term, 1910, of Bueke. Indictment for secret assault with intent to kill. The defendant was indicted, tried and convicted of a secret assault upon one J. D. Morgan, with intent to- kill, on the night of 24 January, 1910, in Burke County. The prosecuting witness, Morgan, testified that he, in company with several other men, were walking along a road, he and one Fisher in front. That a gun fired; his eye was shot out, leaving him totally blind, as he had previously lost the sight of one eye; that it was between 9 and 10 o’clock at night; there were bushes on the…
1Opinion of the CourtManning, J.
The assignments of error insisted upon by the defendant are to the refusal of his Honor to give three special instructions. There were no exceptions taken to the evidence, and two of the errors assigned to the charge are abandoned in the brief of the learned counsel for the defendant.
The defendant requested the judge to charge the jury: “That every man is presumed to be innocent until the contrary is proven, and it is a well-established rule in criminal cases that if there is any reasonable hypothesis upon which the circumstances are consistent with the innocence of the accused, the jury…
2Cases cited8 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . GoodsonSupreme Court of North Carolina · 1890
- State v. . CraneSupreme Court of North Carolina · 1892
- State v. . McDuffieSupreme Court of North Carolina · 1890
- State v. FlemmingSupreme Court of North Carolina · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. . MaddenSupreme Court of North Carolina · 1937
- State v. CatesSupreme Court of North Carolina · 1977
- State v. LowtherSupreme Court of North Carolina · 1965
- State v. . HicksSupreme Court of North Carolina · 1948
- State v. SmithSupreme Court of North Carolina · 1953
1 more not listed; retrieve them via the Exa API.