State v. Price
Supreme Court of North Carolina
Appeal by defendants from Ferguson, J., at January Term, 1911, of ANSON. The defendants, Jesse A. Price and Robert E. Price, were indicted in the court below for the murder of Lester Rushing. The evidence is voluminous and there are many exceptions. Thomas Rushing, a witness for the State, testified: That he and hi,s brother Lester went to Lester’s house about dark, for the purpose of getting feed for Lester’s mule. Lester Rushing kept his mule in Jesse Price’s barn.
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Appeal by defendants from Ferguson, J., at January Term, 1911, of ANSON. The defendants, Jesse A. Price and Robert E. Price, were indicted in the court below for the murder of Lester Rushing. The evidence is voluminous and there are many exceptions. Thomas Rushing, a witness for the State, testified: That he and hi,s brother Lester went to Lester’s house about dark, for the purpose of getting feed for Lester’s mule. Lester Rushing kept his mule in Jesse Price’s barn. The barn was east of Jesse’s house about 20 yards, and was situated about north of Lester’s house. While he and the deceased…
1Opinion of the CourtWalker, J.
We will consider the exceptions in the order of their statement in the record. The defendants proposed to ask the witness Thomas Rushing how many times the deceased had threatened to take the life of Jesse Price in his presence. The rule in regard to the admissibility of previous threats is stated in S. v. Turpin, 77 N. C., 473, and more recently in S. v. Exum, 138 N. C., 600, and S. v. Baldwin, 155 N. C., 494. The general rule is that proof of the character and habits of the *648deceased, and of bis disposition towards tbe prisoner, is not relevant to tbe issue in trials for homicide, but there…
2Cases cited9 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. Barrett.Supreme Court of North Carolina · 1903
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- State v. . Ta-Cha-Na-TahSupreme Court of North Carolina · 1870
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
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3Cited by5 opinions
- State v. GreeneSupreme Court of North Carolina · 1974
- State v. . TateSupreme Court of North Carolina · 1912
- State v. . RegisterSupreme Court of North Carolina · 1903
- State v. . WhiteSupreme Court of North Carolina · 1905
- State v. . HallSupreme Court of North Carolina · 1903