State v. Brinkley
Supreme Court of North Carolina
CeimiNal action, tried, before Lane, J., and a jury, at July Term, 1921, of Catawba. Defendants were indicted for the murder of Homer Barringer. The State waived a verdict for murder in the first degree, and requested a verdict of murder in the second degree or for manslaughter. There was evidence tending to show, and it is admitted in the brief of the defendants, that Albert struck the deceased in the forehead with a rock, inflicting a wound which resulted in his death.
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CeimiNal action, tried, before Lane, J., and a jury, at July Term, 1921, of Catawba. Defendants were indicted for the murder of Homer Barringer. The State waived a verdict for murder in the first degree, and requested a verdict of murder in the second degree or for manslaughter. There was evidence tending to show, and it is admitted in the brief of the defendants, that Albert struck the deceased in the forehead with a rock, inflicting a wound which resulted in his death. There was evidence tending to show that the deceased said in his dying declaration that the wound had been inflicted by the…
1Opinion of the CourtAdams, J.
After the State had produced its evidence and rested its ease, the defendants moved to dismiss the action for want of sufficient evidence to sustain the prosecution. They excepted to the court’s denial of their motion and introduced evidence, and at the close of all the evidence again moved for judgment as of nonsuit. To the refusal of the latter motion they excepted, and now insist that they are entitled to the benefit of the first, as well as the second exception. Both the terms of the statute and the decisions of the Court are adverse to this argument. The defendants are entitled to the…
2Cases cited29 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. . CoxSupreme Court of North Carolina · 1910
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . QuickSupreme Court of North Carolina · 1909
24 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kalb v. StateSupreme Court of Georgia · 1943
- State v. . LaneSupreme Court of North Carolina · 1914
- State v. . FranklinSupreme Court of North Carolina · 1926