Legal Opinion

State v. . MacE

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 32 opinions

INDICTMENT EOR MURDER, tried at February Term, 1896, . of the Criminal Circuit Court of Madison County, before Ewart, J. The defendants were convicted of murder in the second -degree and appealed. The facts appear in the opinion of the Court.

1Opinion of the Court

Montgomery, J.:

The exceptions which appear on the-record are confined exclusively to portions of the evidence. The charge of his Honor was not excepted to it in any-particular, and it seems that the first of defendants’ prayers for instructions was given with a qualification, (without objection,) and the others submitted to the jury, as. asked. The defendants, Jeff Mace, Newton Mace and John Flasher, brothers, all armed with deadly weapons on. a road side at night, returning from a dance, provoked a difficulty with Zeb. Whitt, the deceased, and Jeff Mace,, the other defendants aiding and…

2Cases cited3 opinions

  1. McDonald v. . CarsonSupreme Court of North Carolina · 1886
  2. State v. BaldwinSupreme Court of Iowa · 1890
  3. State v. . StubbsSupreme Court of North Carolina · 1891

3Cited by32 opinions

  1. Shepard v. United StatesSupreme Court of the United States · 1933
  2. State v. McClainSupreme Court of North Carolina · 1954
  3. State v. . BealSupreme Court of North Carolina · 1930
  4. State v. BealSupreme Court of North Carolina · 1930
  5. State v. Adams.Supreme Court of North Carolina · 1905

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