Legal Opinion

State v. Hall

Supreme Court of North Carolina

Decided June 2, 1903PublishedCited by 7 opinions

INDICTMENT against John Hall, Pink Woods, Ed. Chavis, Pink Chavis, and Peck Locklear, heard by Judge O. M. Qoolce and a jury, at February Term, 1903, of the Superior Court of Robeson County. The defendants, with Peck Locklear, were indicted in the court below for the murder of Philip Barton.

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INDICTMENT against John Hall, Pink Woods, Ed. Chavis, Pink Chavis, and Peck Locklear, heard by Judge O. M. Qoolce and a jury, at February Term, 1903, of the Superior Court of Robeson County. The defendants, with Peck Locklear, were indicted in the court below for the murder of Philip Barton. At the trial and after the evidence was concluded, the State consented to a verdict of not guilty as to Peek Locklear, the court having intimated that there was no evidence against him, and the other defendants were convicted of manslaughter. It appears from the case that on Christmas day, 1902, the…

1Opinion of the Court

Walker, J.,

after stating the case. We do not see why the question proposed to be put to the witness, Peck Lock-lear, was not competent, especially in view of the particular instruction given to the jury in regard to manslaughter, of which crime the defendants were convicted. The guilt of the defendants was by that charge made to depend, at least in some measure upon their purpose in going to the house of the Bartons, for the court told the jury that if John Hall had express malice against the Bartons and went to their house for the purpose of killing them or any one of them, or to do them or…

2Cases cited1 opinion

  1. State v. . VinesSupreme Court of North Carolina · 1885

3Cited by7 opinions

  1. State v. . BowmanSupreme Court of North Carolina · 1910
  2. State v. . DurhamSupreme Court of North Carolina · 1906
  3. State v. DurhamSupreme Court of North Carolina · 1906
  4. Hauser ex rel. Hauser v. Forsyth Furniture Co.Supreme Court of North Carolina · 1917
  5. State v. . GillespieSupreme Court of North Carolina · 1933

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