State v. . Powell
Supreme Court of North Carolina
Appeal by defendant from Coolce, J., and a jury, at June Term, 1914, of PENDER. The defendant and Louis Powell were jointly indicted for tbe murder of Charles Brown, and were convicted of murder in the second degree. Charles Brown was killed at the house of Oliver Williams, who is the husband of Mary E. Williams. She testified for the State as follows: “On the night of 28 February, 1914, there was a quarrel in my house between the prisoners and the deceased.
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Appeal by defendant from Coolce, J., and a jury, at June Term, 1914, of PENDER. The defendant and Louis Powell were jointly indicted for tbe murder of Charles Brown, and were convicted of murder in the second degree. Charles Brown was killed at the house of Oliver Williams, who is the husband of Mary E. Williams. She testified for the State as follows: “On the night of 28 February, 1914, there was a quarrel in my house between the prisoners and the deceased. Pridgen and Powell were in the kitchen and tbe deceased was in tbe adjoining room; Powell bad a knife open in bis band; Pridgen threw a…
1Opinion of the Court
Walker, J.,
after stating the case: The State did not ask for a conviction of murder in the first degree, and there is no sufficient evidence of self-defense, so that the question is, Was the prisoner guilty of either murder in the second degree or manslaughter? But the court gave the prisoner the full benefit of the plea- of self-defense in the charge, and also instructed the jury fully and correctly upon the law of manslaughter, as applicable to the facts of the case. The jury were told that if the killing with a deadly weapon bad been established, the law raised a presumption of malice, and…
2Cases cited4 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. . SimmonsSupreme Court of North Carolina · 1858
- State v. Dewey.Supreme Court of North Carolina · 1905
3Cited by20 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- State v. WardCourt of Appeals of Maryland · 1978
- State v. SmallSupreme Court of North Carolina · 1980
- State v. OchoaNew Mexico Supreme Court · 1937
- State v. . SmithSupreme Court of North Carolina · 1942
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