State v. Cook
Supreme Court of North Carolina
Appeal from Ferguson, J., at August Term, 1912, of Wayne. Indictment for murder of one Ben. Coley. Prisoner was convicted of manslaughter and from judgment on the verdict appealed.
1Opinion of the CourtHoke, J.
It was admitted by the prisoner that be fired the shot -which killed the deceased, and there was other evidence on the part of the State tending to establish guilt.
On the part of the prisoner there was evidence tending to show that the killing was in his necessary self-defense; that at. the time the fatal shot was fired the deceased and one Prank Pittman, who had already struck prisoner a severe blow with a heavy stick, were advancing on prisoner, 'both with heavy sticks and pressing him so close that he was unable to get away; that prisoner was running at the time, and, not being able to…
2Cases cited4 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. . DickSupreme Court of North Carolina · 1864
- State v. . CavenessSupreme Court of North Carolina · 1878
- Park v. . ExumSupreme Court of North Carolina · 1911
3Cited by31 opinions
- State v. WalkerSupreme Court of North Carolina · 1966
- State v. . HartSupreme Court of North Carolina · 1923
- State v. . SteeleSupreme Court of North Carolina · 1925
- State v. CanipeSupreme Court of North Carolina · 1954
- State v. StaleySupreme Court of North Carolina · 1977
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