State v. . Norwood
Supreme Court of North Carolina
Indictment for murder, tried before Shuford, J., and a jury, at March Term, 1894, of Durham Superior Court. It appeared in evidence that the defendant pushed two pins down the throat of her infant bastard child, and thus caused its death. One of the pins was a black pin, worn by defendant in her hair, the other worn in her dress.
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Indictment for murder, tried before Shuford, J., and a jury, at March Term, 1894, of Durham Superior Court. It appeared in evidence that the defendant pushed two pins down the throat of her infant bastard child, and thus caused its death. One of the pins was a black pin, worn by defendant in her hair, the other worn in her dress. The mother of the defendant testified that after the autopsy the physicians gave her the two pins taken from the body of the child, which she recognized as pins worn by the defendant. “ Next morning,” the witness said, “ I asked Ella about the pin she wore in her…
1Opinion of the Court
Avery, J.:
If the prisoner did not put the pins in the child’s mouth, or if, though she placed them there, they were not the instrumental cause of its death, she was not guilty, and so the Court told the jury. If the jury found, as they must have done under the instructions of the Court, that she brought about its death, it was a killing with a deadly weapon. The question whether an instrument, with which a personal injury has been inflicted, is a deadly weapon, depends not infrequently more upon the manner of its use than upon the intrinsic character of the instrument itself. State v.…
2Cases cited4 opinions
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . VannSupreme Court of North Carolina · 1880
- State v. . HuntleySupreme Court of North Carolina · 1884
- People v. CoxCalifornia Supreme Court · 1888
3Cited by38 opinions
- State v. BuchananSupreme Court of North Carolina · 1975
- State v. PhillipsSupreme Court of Iowa · 1902
- State v. . SpiveySupreme Court of North Carolina · 1909
- State v. . TrottSupreme Court of North Carolina · 1925
- State v. CauleySupreme Court of North Carolina · 1956
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