State v. Kimbrell
Supreme Court of North Carolina
Appeal from Councill, J., August Term, 1909, of MeckxeN-bueg. Tbe defendant was indicted and found guilty of an assault with a deadly weapon. The evidence of the State was to the effect that while Charles Thomas, prosecuting witness, was in the Driving Club, in Charlotte, defendant came into the club and, without warning, provocation or excuse, shot Thomas five times, inflicting upon him most serious bodily wounds. Two shots were fired after Thomas had fallen to the floor.
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Appeal from Councill, J., August Term, 1909, of MeckxeN-bueg. Tbe defendant was indicted and found guilty of an assault with a deadly weapon. The evidence of the State was to the effect that while Charles Thomas, prosecuting witness, was in the Driving Club, in Charlotte, defendant came into the club and, without warning, provocation or excuse, shot Thomas five times, inflicting upon him most serious bodily wounds. Two shots were fired after Thomas had fallen to the floor. The evidence of the defendant was that there had been a quarrel at the fair grounds, the morning before the shooting,…
1Opinion of the CourtClark, C. J.
The only question raised by this appeal is as to the competency of the evidence of previous communicated threats of violence, made by the prosecutor against the defendant. The point has been settled by repeated decisions of this Court that previous threats are not competent as substan*704tive evidence, except in cases of homicide. State v. Norton, 82 N. C., 628, cited and approved in State v. Skidmore, 87 N. C., 509; State v. Harrell, 107 N. C., 946; State v. Goff, 117 N. C., 762. There are many others to the same effect.
The principle and the reasons given are stated so clearly in the above and…
2Cases cited7 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. . HensleySupreme Court of North Carolina · 1886
- State v. ByrdSupreme Court of North Carolina · 1897
- State v. . HarrellSupreme Court of North Carolina · 1890
- State v. . GoffSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. . HollandSupreme Court of North Carolina · 1927
- State v. . JohnsonSupreme Court of North Carolina · 1914
- Nance v. FikeSupreme Court of North Carolina · 1956
- State v. JohnsonSupreme Court of North Carolina · 1914