State v. . Kennedy
Supreme Court of North Carolina
INDICTMENT for murder tried at Spring Term, 1883, of Lenoir Superior Court, before McRoy, J. The prisoner was indicted for the murder of Lewis Croom. At fall term, 1882, he was put upon his trial, but the jury failing to agree upon a verdict, there was a mistrial and at spring term, 1883, he was again put upon his trial.
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INDICTMENT for murder tried at Spring Term, 1883, of Lenoir Superior Court, before McRoy, J. The prisoner was indicted for the murder of Lewis Croom. At fall term, 1882, he was put upon his trial, but the jury failing to agree upon a verdict, there was a mistrial and at spring term, 1883, he was again put upon his trial. There was a verdict of manslaughter and judgment of the court, from which the prisoner appealed. ■ That part of the evidence produced on the trial and sent up as material to a proper understanding of the questions presented by the exceptions is as follows : A witness, Robert…
1Opinion of the Court
Merrimon, J.,
after stating the above. The .exception of the prisoner fails to specify any particular ground of objee •tion to the instruction of the jury complained of, and as we were not favored with an argument in his behalf, we are left to see whether in any-aspect,.it can be sustained.
It seems that the defence relied upon was that of self-de-fence, and it was insisted first, that the evidence produced on the trial did not warrant the.instruction excepted to, and secondly, that if it did, and the jury should find the facts to be as supposed by the instruction, the prisoner was not guilty…
2Cases cited2 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. . MassageSupreme Court of North Carolina · 1871
3Cited by19 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. Blevins.Supreme Court of North Carolina · 1905
- State v. . BryantSupreme Court of North Carolina · 1938
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. Lilliston.Supreme Court of North Carolina · 1906
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