State v. . Gupton
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at Fall Term, 1913, of YaNCE. This is an indictment for the murder of Charles Snyder on 1 February, 1913. It will not be necessary to state more than a part of the testimony introduced in behalf of the prisoner, as the appeal turns upon the question whether there was any evidence of self-defense, the conviction being for manslaughter and the sentence ten year's imprisonment in the county jail, with directions that he may be required to…
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Appeal by defendant from Peebles, J., at Fall Term, 1913, of YaNCE. This is an indictment for the murder of Charles Snyder on 1 February, 1913. It will not be necessary to state more than a part of the testimony introduced in behalf of the prisoner, as the appeal turns upon the question whether there was any evidence of self-defense, the conviction being for manslaughter and the sentence ten year's imprisonment in the county jail, with directions that he may be required to work on the public roads. The prisoner’s defense was that he was in the act of executing a warrant for the arrest of the…
1Opinion of the Court
Walkeb, J.,
after stating the ease: The rejection of evidence and the instruction given to the jury, that there was no evidence offered of self-defense, were erroneous. They were based upon the mistaken view that the complaint and warrant were void, as no criminal offense was stated in them. The complaint charges that an unlawful and willful assault had been committed by Charlie Snyder, who was afterwards killed by the prisoner. The accusation is not expressed in very formal or technical language, but it is sufficient to show that a crime had been committed by Snyder.- If he had appeared to…
2Cases cited6 opinions
- State v. Barrett.Supreme Court of North Carolina · 1903
- Boyd v. StateSupreme Court of Georgia · 1855
- State v. . DavisSupreme Court of North Carolina · 1892
- State v. . JonesSupreme Court of North Carolina · 1883
- State v. . PoolSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. FurmageSupreme Court of North Carolina · 1959
- State v. McGowanSupreme Court of North Carolina · 1956
- State v. HigginsSupreme Court of North Carolina · 1966
- State v. MatthewsSupreme Court of North Carolina · 1967
- Alexander v. LindseySupreme Court of North Carolina · 1949
3 more not listed; retrieve them via the Exa API.