State v. . Shelton
Supreme Court of North Carolina
This was an indictment for murder, tried before Cloud, J., at the Eall Term, 1870, of the Superior Court of Buncombe. County. There was a verdict of guilty, and from the judgment thereon the prisoner appealed to the Supreme Court. In the view taken of the case by the Court, the facts are sufficiently stated in their opinion.
1Opinion of the CourtReaee, J.
The question is, whether the prisoner was entitled to the benefit of the State Amnesty Act, passed December, 1866.
The case sent up does not disclose the inducement to the? homicide, nor the circumstances connected with it, except that as described in the indictment, it was by a pistol shot.
The case was made to turn upon the point, whether the prisoner was in the United States service when he committed the homicide. This was a question of fact for the jury to try, if there was any evidence tending to show that he was.
When the prisoner’s counsel asked his Honor to charge the jury, that if they…
2Cases cited1 opinion
- State v. . CookSupreme Court of North Carolina · 1868
3Cited by3 opinions
- State v. . HaneySupreme Court of North Carolina · 1872
- State v. . George HendersonSupreme Court of North Carolina · 1872
- Dockery v. . French .Supreme Court of North Carolina · 1875