State v. Matthews.
Supreme Court of North Carolina
INDICTMENT for murder, against I. B. Matthews, beard by Judge G. 8. Ferguson and a jury, at the February Term, 1906, of the Superior Court of G-uileoed. From a verdict of murder in the second degree, and sentence thereon, the prisoner appealed.
1Opinion of the Court
Clare, O. J.
The prisoner, indicted for the murder of his wife, was convicted of murder in the second degree. His counsel quote as the settled ruling of this Court that, “Upon appeal from a conviction for a lesser offense than that charged in the indictment, a new trial, if granted, must be upon the full charge in the bill,” and cite the cases to that effect, beginning with State v. Stanton, 23 N. C., 424, and since State v. Grady, 83 N. C., 643; State v. Craine, 120 N. C., 601; State v. Groves, 121 N. C., 568; State v. Freeman, 122 N. C., 1012; State v. Gentry, 125 N. C., 733, and say that…
2Cases cited12 opinions
- Trono v. United StatesSupreme Court of the United States · 1905
- State v. FullerSupreme Court of North Carolina · 1894
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- State v. . GilchristSupreme Court of North Carolina · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. RogersSupreme Court of North Carolina · 1968
- State v. RaySupreme Court of North Carolina · 1980
- State v. AshWashington Supreme Court · 1912
- State v. ChaseSupreme Court of North Carolina · 1950
30 more not listed; retrieve them via the Exa API.