State v. . Hogue
Supreme Court of North Carolina
INdictmeNt for MUEDEE, tried before DicK, J., at the last Spring Term of "Wake Superior Court. The defendant was indicted for the murder of one Sherwood II. Parrish. The latter was employed at Winton’s Hotel, in the city of Ealeigh, and the prisoner had been a boarder there.
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INdictmeNt for MUEDEE, tried before DicK, J., at the last Spring Term of "Wake Superior Court. The defendant was indicted for the murder of one Sherwood II. Parrish. The latter was employed at Winton’s Hotel, in the city of Ealeigh, and the prisoner had been a boarder there. On the evening of the day in question, the deceased was in the room where the supper table was set, and after the usual signal the door was opened, and the boarders commenced entering; the deceased stood beside the door, in the inside, with a stick under his arm, and a pistol in his right band, and as Hogue was about to…
1Opinion of the CourtPbaRsow, C. J.
It is a general rule, that on a trial for homicide, evidence of the character and habits of the party killed, as to temper and violence, is not admissible. The State is not allowed to prove that he was a quiet, orderly citizen, nor is the prisoner allowed to prove that he was a violent and out-breaking man. The rule is based upon the ground that character is not involved in the issue, and consequently, evidence in regard to it, is immaterial. And there is this further consideration : such evidence is not only immaterial and irrelevant, as having no legitimate bearing upon the matter under…
2Cited by9 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. ByrdSupreme Court of North Carolina · 1897
- State v. RawleySupreme Court of North Carolina · 1953
- Kelly v. PeopleIllinois Supreme Court · 1907
- State v. . ChampionSupreme Court of North Carolina · 1942
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