State v. . Kennedy
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at November Term, 1914, of STANLY. Indictment for murder of one John (called Johnnie) Morton. It was proved that, on 7 March, 1914, about 5 p. m., at Oakboro, in said county, Johnnie Morton was shot and mortally wounded by Valter Kennedy, and died of the wound about four days thereafter.
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Appeal by defendant from Lane, J., at November Term, 1914, of STANLY. Indictment for murder of one John (called Johnnie) Morton. It was proved that, on 7 March, 1914, about 5 p. m., at Oakboro, in said county, Johnnie Morton was shot and mortally wounded by Valter Kennedy, and died of the wound about four days thereafter. There was evidence on the part of the State tending to show that Kennedy and one Pointer, a lightning-rod agent, were driving by the store of deceased, where the latter and William Osborne and several others then were, and received the impression that some one in the store…
1Opinion of the Court
HoKE, J.,
after stating tbe case: In S. v. Brittain, 89 N. C., 481, and in reference to defendant’s first exception, this Court beld: “Where a prisoner makes an assault upon A. and is reassaulted so fiercely tbat tbe prisoner cannot retreat without danger of bis life, and tbe prisoner kills A.: TIeld, tbat tbe killing cannot be justified upon tbe ground of self-defense. Tbe first assailant does tbe first wrong and brings upon himself the necessity of slaying, and is therefore not entitled to a favorable interpretation of tbe law.” And, in support of tbe position, Ashe, J., delivering tbe…
2Cases cited12 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. HawkinsOregon Supreme Court · 1890
- Foutch v. StateTennessee Supreme Court · 1896
- State v. BenhamSupreme Court of Iowa · 1867
- State v. . PollardSupreme Court of North Carolina · 1914
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. . BaldwinSupreme Court of North Carolina · 1922
- State v. WinfordSupreme Court of North Carolina · 1971
- State v. . RobinsonSupreme Court of North Carolina · 1938
- State v. WatsonSupreme Court of North Carolina · 1975
- State v. . BostSupreme Court of North Carolina · 1926
13 more not listed; retrieve them via the Exa API.