State v. Gadberry
Supreme Court of North Carolina
INDICTMENT for murder, tried at Sprung Term, 1895, of Yadicin Superior Court, before Brown, The court instructed the jury, after reciting all the evidence, that, if they believed the evidence to be true beyond a reasonable doubt, the prisoner was guilty of murder in the first degree.
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INDICTMENT for murder, tried at Sprung Term, 1895, of Yadicin Superior Court, before Brown, The court instructed the jury, after reciting all the evidence, that, if they believed the evidence to be true beyond a reasonable doubt, the prisoner was guilty of murder in the first degree. The court explained to the jury the degrees of murder, and also stated that the credibility of the evidence was ‘a question peculiarly for the jury, and that in a case of this importance the jury should exercise great care and weigh the evidence well, and be fully convinced of its truth before convicting. The…
1Opinion of the Court
Furches, J.:
The facts in this case present a very bad tragedy, to use no stronger word. But we have nothing to do with that. This is a Court of appeals upon errors of law appearing in the transcript of record. "We do not try the prisoner, but simply pass upon the correctness of the trial below. And, if we shall find error in the trial below, this does not acquit the prisoner, but only sends the case back for another trial.
The State introduced evidence showing the homicide? that defendant was the author of the homicide, and the *813attending and surrounding circumstances, and rested the case. The…
2Cases cited1 opinion
- State v. FullerSupreme Court of North Carolina · 1894
3Cited by9 opinions
- State v. StricklandSupreme Court of North Carolina · 1983
- State v. FinleySupreme Court of North Carolina · 1896
- State v. CareyDelaware Court of Oyer and Terminer · 1935
- North Carolina v. GosnellU.S. Circuit Court for the District of Western North Carolina · 1896
- State v. . HicksSupreme Court of North Carolina · 1899
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