State v. Hall
Supreme Court of North Carolina
Appeal by defendant Hall from Bay, J., at January Term, 1922, of Cherokee; and appeal by the State from arrest of judgment as to Garland Haney. When the case was called, the solicitor announced that he did not ask for a verdict of guilty for murder in the first degree.
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Appeal by defendant Hall from Bay, J., at January Term, 1922, of Cherokee; and appeal by the State from arrest of judgment as to Garland Haney. When the case was called, the solicitor announced that he did not ask for a verdict of guilty for murder in the first degree. The judge charged the jury upon the facts as to both defendants, and further told them that if they convicted Hall of manslaughter, their verdict as to Haney' should be not guilty, as Haney could not aid or abet Hall in the commission of a crime committed upon heat of passion. The jury, however, disregarded this instruction,…
1Opinion of the CourtClark, C. J.
In the evidence of the State it appeared that the defendants Hall and Haney, on 18 August, 1921, were returning on foot from Georgia, both of them drinking, and Hall carrying on his back a tow sack containing a gallon of whiskey, and a jug and a fruit jar with about a quart in it. The deceased, Allen Dean, was a deputy sheriff of Cherokee, and had in his possession a warrant for the arrest of Jack Hall and Lester Mann. Receiving information on the night of the 18th that the defendants, Pearl Hall and Garland Haney, were coming along the road in his neighborhood, and having reason to believe…
2Cases cited7 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1879
- State v. . MacESupreme Court of North Carolina · 1896
- State v. Worley.Supreme Court of North Carolina · 1906
- State v. . EavesSupreme Court of North Carolina · 1890
- State v. . OrrSupreme Court of North Carolina · 1917
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3Cited by7 opinions
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- Dellinger v. . Building Co.Supreme Court of North Carolina · 1924
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