State v. Gray
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at November Term, 1912, of UNION. Tils was an indictment for murder. At tbe commencement of tbe trial, tbe solicitor stated that be would,not ask for a verdict of murder in tbe first degree, but for murder in tbe second degree or manslaughter, as tbe jury might find tbe facts to be.
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Appeal by defendant from Peebles, J., at November Term, 1912, of UNION. Tils was an indictment for murder. At tbe commencement of tbe trial, tbe solicitor stated that be would,not ask for a verdict of murder in tbe first degree, but for murder in tbe second degree or manslaughter, as tbe jury might find tbe facts to be. The defendant admitted killing the deceased with a deadly weapon, but pleaded that the killing was done in the necessary defense of himself, his-family, and his habitation. The defendant testified in his own behalf as follows: “My name is J. Moore Gray. I am 57 years old. I am…
1Opinion of the CourtAlleN, J.
If the evidence of the defendant is true, he was awakened by his daughter between 11 and 12 o’clock at' night, and was told that there were some men outside trying to break in his home; he did not know the deceased; his wife and children, were in the house; the deceased and three other men were out-, side; as the defendant went to the door the deceased fired a pistol; the deceased said he was going in the house, and threatened to shoot the defendant; he was told to leave, but persisted in his conduct; the children of the defendant were crying and' screaming; the deceased had been kicking at…
2Cited by16 opinions
- State v. BrownSupreme Court of North Carolina · 1987
- State v. ChandlerSupreme Court of North Carolina · 1996
- State v. McCombsSupreme Court of North Carolina · 1979
- State v. MillerSupreme Court of North Carolina · 1966
- State v. JonesSupreme Court of North Carolina · 1980
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