Legal Opinion

State v. Blackwell

Supreme Court of North Carolina

Decided May 28, 1913PublishedCited by 23 opinions

Appeal by defendant from Webb, J., at September Term, 1912, of MeckleNbukg. The defendant was indicted in the court below for the murder of Dr. Fred Misenheimer, and was convicted of manslaughter. The evidence taken at the trial'is very Voluminous, covering nearly a hundred closely printed pages, and it will serve no useful purpose even t'o give a full synopsis of it.

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Appeal by defendant from Webb, J., at September Term, 1912, of MeckleNbukg. The defendant was indicted in the court below for the murder of Dr. Fred Misenheimer, and was convicted of manslaughter. The evidence taken at the trial'is very Voluminous, covering nearly a hundred closely printed pages, and it will serve no useful purpose even t'o give a full synopsis of it. The prisoner surely cannot complain if, for the purpose of passing upon his exceptions, we adopt his statement of the facts, as contained in the brief of his counsel. It is a fair and full statement for him, and while it omits…

1Opinion of the Court

'WalkeR, J.,

after stating the case: The plea in this case was self-defense. The prisoner offered evidence to show that *680tbe deceased was a violent and dangerous man wben under tbe influence of liquor, and there was evidence tending to show that be bad been drinking just before be was cut witb tbe knife by tbe prisoner. For tbe purpose of testing tbe competency of tbe proposed evidence, we will, therefore, assume that be was under the influence of liquor at tbe time be assaulted .the prisoner witb tbe stick. There was no offer to show that tbe prisoner, at tbe time of tbe altercation, knew of…

2Cases cited16 opinions

  1. State v. . CoxSupreme Court of North Carolina · 1910
  2. State v. . DixonSupreme Court of North Carolina · 1876
  3. State v. . QuickSupreme Court of North Carolina · 1909
  4. State v. . TurpinSupreme Court of North Carolina · 1877
  5. State v. Barrett.Supreme Court of North Carolina · 1903

11 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. BryantSupreme Court of North Carolina · 1972
  2. State v. . SteeleSupreme Court of North Carolina · 1925
  3. State v. . TerrellSupreme Court of North Carolina · 1937
  4. State v. . EllerbeSupreme Court of North Carolina · 1944
  5. State v. SteeleSupreme Court of North Carolina · 1925

18 more not listed; retrieve them via the Exa API.

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