State v. . Cagle

Defendant’s motion for nonsuit was properly denied. As was said in S. v. Johnson, 184 N. C., 637: “We could not nonsuit tbe State, . . . for when there is a killing with a deadly weapon, as there was in this case, tbe law implies malice, and it is, at least, murder in second degree, and the burden then rests upon the prisoner to satisfy the jury of facts and circumstances in mitigation of or excuse for the homicide, the credibility of the evidence, and its sufficiency to produce this satisfaction being for the jury to consider and decide.”

The defendant excepted to several portions of the…