State v. . McMahan
Supreme Court of North Carolina
The prisoner was indicted for the murder of one Emilis 0. Buchanan, in the county of Jackson, and the cause, upon motion of the prisoner, was removed, for trial, to the Superior' Court of the county of Macon, and tried before Boykin,. J., at Fall Term, 1888, of said Court. The following is the statement ol the case on appeal: “ It was admitted by the prisoner that Buchanan’s death resulted from a pistol shot wound, inflicted by him.
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The prisoner was indicted for the murder of one Emilis 0. Buchanan, in the county of Jackson, and the cause, upon motion of the prisoner, was removed, for trial, to the Superior' Court of the county of Macon, and tried before Boykin,. J., at Fall Term, 1888, of said Court. The following is the statement ol the case on appeal: “ It was admitted by the prisoner that Buchanan’s death resulted from a pistol shot wound, inflicted by him. One Lackey had in his hands two certain warrants, charging certain misdemeanors, and commanding him to arrest and hold the prisoner, McMahan, to answer before a…
1Opinion of the CourtDavis, J.
(after stating the case). Two exceptions appear in the record.
The first is to the refusal to instruct the jury that Lackey was not a lawful officer, was not authorized to make the arrest, and that the deceased was in no better position than Lackey, and in no event could the prisoner be convicted of murder.
The second, to the refusal to instruct the jury that neither Lackey nor the deceased, under the circumstances, had any authority to disarm the prisoner.
The two exceptions may be considered together. We think it sufficiently appeared that Lackey was an officer, duly qualified ; but, whether…
2Cases cited6 opinions
- State v. . McNinchSupreme Court of North Carolina · 1884
- Tatom v. . WhiteSupreme Court of North Carolina · 1886
- State v. . SpeaksSupreme Court of North Carolina · 1886
- State v. . BlandSupreme Court of North Carolina · 1887
- Braddy v. . HodgesSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. . MillerSupreme Court of North Carolina · 1929
- State v. . DunningSupreme Court of North Carolina · 1919
- Holloway v. . MoserSupreme Court of North Carolina · 1927
- North Carolina v. GosnellU.S. Circuit Court for the District of Western North Carolina · 1896
- State v. . DitmoreSupreme Court of North Carolina · 1919
3 more not listed; retrieve them via the Exa API.