State v. . Dove
Supreme Court of North Carolina
Appeal from Daniels, J., at February Term, 1911, of GbaN-ville. Indictment for murder. At tbe conclusion of tbe testimony, tbe solicitor made formal announcement that tbe State would not ask for conviction of murder in tbe first degree. Tbe court hereupon charged the jury and verdict was rendered, “Not guilty of tbe felony and murder charged in tbe bill of indictment, but guilty of manslaughter.” Judgment on tbe verdict, and tbe prisoner excepted and appealed.
1Opinion of the CourtHoke, J.
It was chiefly urged for error that bis Honor declined to allow tbe jury to consider tbe plea of self-defense, being of opinion that there were no facts in evidence tending to support such a position. Tbe homicide was shown to have occurred near Benehan, at about 8 o’clock at night, on 27 January, 1911, and it appeared that the prisoner, the deceased, and others were at a near-beer stand, when the two had a quarrel, closed in a scuffle, and prisoner got deceased down and was on him; that deceased begged pardon; the parties got up and more beer was ordered, at prisoner’s expense. The latter…
2Cases cited8 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. . HollySupreme Court of North Carolina · 1911
- State v. Hill.Supreme Court of North Carolina · 1906
- State v. . KendallSupreme Court of North Carolina · 1907
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3Cited by5 opinions
- State v. . RobinsonSupreme Court of North Carolina · 1938
- State v. RobinsonSupreme Court of North Carolina · 1938
- State v. . GaddySupreme Court of North Carolina · 1914
- State v. . KennedySupreme Court of North Carolina · 1915
- State v. HarrisCourt of Appeals of North Carolina · 1980