State v. . Jones
Supreme Court of North Carolina
The defendant, with others, was indicted in the court below for the murder of James Smith, and was convicted of murder in the second degree. The solicitor for the State withdrew the charge of murder in the first degree. There was no suggestion from defendant’s counsel that the question of manslaughter was involved, or that there was any evidence of the same.
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The defendant, with others, was indicted in the court below for the murder of James Smith, and was convicted of murder in the second degree. The solicitor for the State withdrew the charge of murder in the first degree. There was no suggestion from defendant’s counsel that the question of manslaughter was involved, or that there was any evidence of the same. No instruction was requested on that subject, and no reference to manslaughter made by defendant until the defendant, after verdict and judgment, filed his exceptions, and upon them based his assignments of error, in which he made his…
1Opinion of the Court
"WaíKER, J.,
after stating the case: The principal exception of the defendant is that the court failed to define manslaughter, or to charge that the jury could find the defendant guilty of manslaughter or murder in the second degree. The full charge is not in the record. We will first consider, therefore, whether it appears from the record that the court failed to give any such instruction. We are governed, in this respect, entirely by the record, which cannot be altered by a mere exception or assignment of error. Exceptions must be confined to something alleged as error which appears in the…
2Cases cited15 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- State v. Adams.Supreme Court of North Carolina · 1905
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
- State v. WilliamsSupreme Court of North Carolina · 1952
- State v. SearsSupreme Court of North Carolina · 1952
5 more not listed; retrieve them via the Exa API.