State v. Hall
Supreme Court of North Carolina
INDICTMENT for murder, tried at Spring Term, 3893, of Cherokee Superior Court, before Graves, J., and a jury."^ The defendants (Hall as principal' and Dockery as accessory before the fact) were charged with the killing of Andrew Bryson on the 11th July, 1892, in Cherokee county. The testimony tended to show that when the shooting occurred, by which deceased was killed, the defendants were in North Carolina and the deceased in Tennessee.
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INDICTMENT for murder, tried at Spring Term, 3893, of Cherokee Superior Court, before Graves, J., and a jury."^ The defendants (Hall as principal' and Dockery as accessory before the fact) were charged with the killing of Andrew Bryson on the 11th July, 1892, in Cherokee county. The testimony tended to show that when the shooting occurred, by which deceased was killed, the defendants were in North Carolina and the deceased in Tennessee. The defendants asked for the following instructions (among others): “ 1. That it devolves upon the State to satisfy the jury beyond a reasonable doubt that…
1Opinion of the Court
Shepherd, C. J.:
There was testimony tending to show that the deceased was wounded and died in the State of Tennessee, and that the fatal wounds were inflicted.by the prisoners by shooting at the deceased while they were standing within the boundaries of the State of North Carolina. The prisoners have been convicted of murder, and the question presented is whether they committed that offence within the jurisdiction of this State.
It is a general principle of universal acceptation that one State or sovereignty cannot enforce the penal or criminal lavra of another, or punish crimes or offences…
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