Legal Opinion

State v. Covington

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 18 opinions

INDICTMENT for murder, tried before Timberlake, J., and a jury, at Spring Term, 1895, of Oataavba Superior Court. It appeared from the evidence that tbe deceased was part owner, as a stockholder and general superintendent, of Long Island Cotton Mills, and that he lived with his family about 250 yards from the mill, and that the prisoner Avas an employee at the mill, being superintendent of the spinning room.

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INDICTMENT for murder, tried before Timberlake, J., and a jury, at Spring Term, 1895, of Oataavba Superior Court. It appeared from the evidence that tbe deceased was part owner, as a stockholder and general superintendent, of Long Island Cotton Mills, and that he lived with his family about 250 yards from the mill, and that the prisoner Avas an employee at the mill, being superintendent of the spinning room. It further appears that the deceased had a stock of merchandise in a storehouse about 100 feet from mill, and that for more than a year some one had been occasionally entering said sto're…

1Opinion of the Court

Averey, J.:

His Honor excluded from the jury the question of murder in the second degree and instructed them that in no view of the case as presented by the evidence was the prisoner guilty of murder in the second degree or manslaughter. To this the prisoner excepted. The charge is correct if there is no evidence of murder in the second degree or of manslaughter. The evidence relied upon by the State is the confession of the prisoner to the witness Josey, and circumstances detailed by other witnesses tend*861ing to'confirm it. Upon the truth or falsity of the confession the guilt of the prisoner…

2Cases cited7 opinions

  1. State v. . McCormacSupreme Court of North Carolina · 1895
  2. State v. . GilchristSupreme Court of North Carolina · 1893
  3. State v. . FlemingSupreme Court of North Carolina · 1890
  4. State v. . AlstonSupreme Court of North Carolina · 1893
  5. State v. . MooreSupreme Court of North Carolina · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. StricklandSupreme Court of North Carolina · 1983
  2. State v. ThompsonSupreme Court of North Carolina · 1972
  3. State v. WilliamsSupreme Court of North Carolina · 1973
  4. State v. CaseyOregon Supreme Court · 1923
  5. State v. FarnamOregon Supreme Court · 1916

13 more not listed; retrieve them via the Exa API.

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