Legal Opinion

State v. Carter

Supreme Court of North Carolina

Decided April 19, 1961No. 363PublishedCited by 53 opinions

1Opinion of the CourtWinboeNE, C.J.

Under the law of self-defense a person may not only take life in his own defense, but he may also do so in defense of another who stands in a family relation to him. S. v. Greer, 162 N.C. 640, 78 S.E. 310; S. v. Anderson, 222 N.C. 148, 22 S.E. 2d 271; S. v. Church, 229 N.C. 718, 51 S.E. 2d 345; S. v. Rawley, 237 N.C. 233, 74 S.E. 2d 620.

While, ordinarily, as contended by the State, the intentional killing of another with a deadly weapon raises two presumptions against the defendant, first, that the killing was unlawful, and second, that it was done with malice. S. v. Mangum, 245 N.C. 323, 96…

2Cases cited11 opinions

  1. State v. . FulcherSupreme Court of North Carolina · 1922
  2. State v. . BoydSupreme Court of North Carolina · 1943
  3. State v. RawleySupreme Court of North Carolina · 1953
  4. State v. . ToddSupreme Court of North Carolina · 1942
  5. State v. MangumSupreme Court of North Carolina · 1957

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

3Cited by53 opinions

  1. State v. GolphinSupreme Court of North Carolina · 2000
  2. State v. BarnesSupreme Court of North Carolina · 1993
  3. State v. HankersonSupreme Court of North Carolina · 1975
  4. State v. RookSupreme Court of North Carolina · 1981
  5. State v. MillerSupreme Court of North Carolina · 1967

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

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