State v. Robbins
Supreme Court of North Carolina
This was an indictment for murder, tried before 'Bailey, Judge, at tbe last Superior Court of Wilkes. The defendant was indicted for the murder of a negro slave belonging to himself, by the name of Jim. ' The evidence was principally the testimony of three step-children of die defendant, the eldest of whom, Mary Jane, was about seventeen years old.
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This was an indictment for murder, tried before 'Bailey, Judge, at tbe last Superior Court of Wilkes. The defendant was indicted for the murder of a negro slave belonging to himself, by the name of Jim. ' The evidence was principally the testimony of three step-children of die defendant, the eldest of whom, Mary Jane, was about seventeen years old. She stated that the prisoner came home on the evening of the 20th of July last, 'from a tax-paying, between sun-set and dark, and after asking a question as to the weather, and receiving an answer, sat down at the door for a minute or two, seemed…
1Opinion of the CourtBattle, J.
Upon the testimony, supposing it to be true, the counsel admitted on the trial, that the deceased was killed by the prisoner; but contended that it was not a case of murder, but of manslaughter only. The jury, under the charge of the presiding Judge, having found him guilty of murder, his. counsel excepts to the charge as erroneous in several particulars, and insists that he is, therefore, entitled to a venire de novo.
In considering those exceptions, it is proper to remark, that “ the language of a Judge in his charge to the jury, is to be read with reference to the evidence, and the points…
Also in this document: Per curiam.
2Cited by1 opinion
- State v. . HooverSupreme Court of North Carolina · 1838