State v. . Stitt
Supreme Court of North Carolina
This was an indictment of defendant for tbe murder of Jim Pearce, tried before Ward, J., and a jury, at April Term, 1907, of tbe Superior Court of MeoiíleNbueg County.
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This was an indictment of defendant for tbe murder of Jim Pearce, tried before Ward, J., and a jury, at April Term, 1907, of tbe Superior Court of MeoiíleNbueg County. Tbe State offered evidence tending to prove that defendant and deceased were “playing” and “projecting” together, when defendant took down a gun and pointed it at deceased, when tbe gun was fired, killing deceased; that when tbe defendant took down tbe gun bis sister told bim to quit playing with the gun, and defendant replied that there was no shell in it, because he was tbe one that bad tbe gun last, and there was no shell…
1Opinion of the CourtHoke, J.
There is no error in tbe record which gives the defendant any just ground of complaint. The court correctly held that, on the testimony, defendant could not be convicted of murder. A conviction of murder should never be allowed unless there has been an unlawful and intentional taking of another’s life. Sometimes this intent will be imputed by reason of the killing with a deadly weapon, or under circumstances which indicate a reckless indifference to human life, but it must always exist before a charge of murder can be sustained. And in the present case we think the testimony on the part of…
2Cases cited4 opinions
- People v. StubenvollMichigan Supreme Court · 1886
- State v. . VinesSupreme Court of North Carolina · 1885
- State v. Horton.Supreme Court of North Carolina · 1905
- State v. Turnage.Supreme Court of North Carolina · 1905
3Cited by15 opinions
- State v. FoustSupreme Court of North Carolina · 1963
- State v. . CopeSupreme Court of North Carolina · 1933
- State v. RedfernSupreme Court of North Carolina · 1976
- State v. . RountreeSupreme Court of North Carolina · 1921
- State v. . SpiveySupreme Court of North Carolina · 1909
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