State v. Capps
Supreme Court of North Carolina
INDICTMENT against George Capps, heard by Judge W. B. Council and a jury, at February Term, 1904, of the Superior Court of Beaueoet County. The defendant was indicted in the Court below for the murder of Augustus Tuten, and having been convicted of murder in the second degree appealed to this Court.
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INDICTMENT against George Capps, heard by Judge W. B. Council and a jury, at February Term, 1904, of the Superior Court of Beaueoet County. The defendant was indicted in the Court below for the murder of Augustus Tuten, and having been convicted of murder in the second degree appealed to this Court. The evidence tended to show that the deceased, who was a boy-seven years old, lived with his grandmother, Mary Mc-Culloch, whose house was about thirty or forty yards from the home of the defendant. The house had only one room, and at the time of the homicide there were in this room Mary…
1Opinion of the Court
Walker, J.,
after stating the case. The defendant’s counsel at the close of the testimony requested the Court to give certain instructions to the jury, which it refused to do, but we do not deem it necessary to consider or discuss them, as all of the questions intended to be presented by the other exceptions of the defendant are raised by the defendant’s exception to one of the instructions given by the Court in its charge to the jury. The Court charged the jury correctly in regard to murder in the first degree, and also as to the circumstances under which the defendant would be entitled to an…
2Cases cited11 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. Barrett.Supreme Court of North Carolina · 1903
- State v. . MatthewsSupreme Court of North Carolina · 1878
- State v. . VannSupreme Court of North Carolina · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. SmithSupreme Court of North Carolina · 1982
- State v. WilliamsSupreme Court of North Carolina · 1973
- State v. . CoxSupreme Court of North Carolina · 1910
- State v. WallSupreme Court of North Carolina · 1982
- People v. . JernatowskiNew York Court of Appeals · 1924
15 more not listed; retrieve them via the Exa API.