State v. . McIver
Supreme Court of North Carolina
INDICTMENT for the murder of J. T. Howie, tried before Shaw, J., at January Term, 1899, of the Superior Court of MontgomeRY County. The killing by shooting was admitted. ' No third person was present. The deceased was seen to enter the house, angry and cursing, where the prisoner was. Immediately two pistol shots were heard, and the deceased was found lying dead, with an axe by his side.
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INDICTMENT for the murder of J. T. Howie, tried before Shaw, J., at January Term, 1899, of the Superior Court of MontgomeRY County. The killing by shooting was admitted. ' No third person was present. The deceased was seen to enter the house, angry and cursing, where the prisoner was. Immediately two pistol shots were heard, and the deceased was found lying dead, with an axe by his side. The prisoner, who was a workman under the deceased, testified that Howie assaulted him with the axe, and he shot him in self-defense. Mat Hill, a witness for the State, on cross-examination, was asked by the…
1Opinion of the CourtDouglas, J.
Tbis is an appeal on conviction for murder in tbe first degree. Among other exceptions, are those to tbe exclusion of tbe following evidence: Tbe prisoner proposed to ask a witness for tbe State if tbe deceased was not a man of vicious temper and violent when be got angry. On objection by tbe State, the question was excluded. Tbe prisoner also proposed to ask tbe witness if tbe deceased did not exhibit tbis violent and vicious temper towards another of bis bands that morning, and beat him unmercifully. Tbis was also excluded. In this we think ther*e was error. The rule, as laid down in State…
2Cases cited2 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- State v. ByrdSupreme Court of North Carolina · 1897
3Cited by12 opinions
- State v. . BaldwinSupreme Court of North Carolina · 1911
- State v. . MintonSupreme Court of North Carolina · 1947
- State v. WaldronWest Virginia Supreme Court · 1912
- State v. . HollandSupreme Court of North Carolina · 1927
- Nance v. FikeSupreme Court of North Carolina · 1956
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