State v. . Hargett
Supreme Court of North Carolina
Indictment for the murder of one March Webb, tried before Logon, L, at Spring Term, 1871, of Gaston Superior Court. The evidence of the homicide was as follows: Amanda Williams testified that on the 2d December, 1870, the prisoner ■came to her house, intoxicated, and was cursing and offering to fight. That he caught hold of the deceased several times. Witness tried to get the prisoner to leave.
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Indictment for the murder of one March Webb, tried before Logon, L, at Spring Term, 1871, of Gaston Superior Court. The evidence of the homicide was as follows: Amanda Williams testified that on the 2d December, 1870, the prisoner ■came to her house, intoxicated, and was cursing and offering to fight. That he caught hold of the deceased several times. Witness tried to get the prisoner to leave. Prisoner followed witness to the spring and threatened to strike her — did strike her slightly once or twice. When she got near the house prisoner picked up an axe, when witness and the deceased ran…
1Opinion of the CourtBoyden, J.
The only questions raised in this case, are upon the reply of his Honor, to the instructions .asked for by prisoner’s counsel.
The instructions asked, were as follows :
“ That if the jury find that the prisoner’s fears were reasonably excited by the approach of the deceased with the axe, and believed that his life was in danger, or that some great bodily harm would be inflicted upon him, the killing was only manslaughter.”
His Honor, declined to charge specifically, as requested, but stated that he had charged upon that point.
There was no evidence in the case to warrant any such instruction, and…
2Cited by2 opinions
- Bost v. . BostSupreme Court of North Carolina · 1882
- Moore v. . ParkerSupreme Court of North Carolina · 1884