State v. . Keene
Supreme Court of North Carolina
This is an indictment for murder, tried before Connor, J., at February Term, 1888, of Rowan Superior Court. Only two questions are presented for our consideration, and they are clearly presented in the ease on -appeal, as follows: “ The prisoner’s counsel, after the jury was empaneled, and before the introduction of any testimony, informed the Court that the prisoner desired to admit that he killed the deceased with a deadly weapon, averring that the killing was accidental.
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This is an indictment for murder, tried before Connor, J., at February Term, 1888, of Rowan Superior Court. Only two questions are presented for our consideration, and they are clearly presented in the ease on -appeal, as follows: “ The prisoner’s counsel, after the jury was empaneled, and before the introduction of any testimony, informed the Court that the prisoner desired to admit that he killed the deceased with a deadly weapon, averring that the killing was accidental. The prisoner insisted that, upon such admission, he was entitled to the opening and conclusion of the testimony and the…
1Opinion of the CourtDavis, J.
(After stating the facts). 1.‘The first exception can not be maintained.
The decision of the Court below upon the question as to who should have the reply and the conclusion of the argument was “ final and not reviewable ” by this Court. By Rule 6, to be found on page 852 of 92 N. C., Rep., this is settled. Brooks v. Brooks, 90 N. C., 142; Cheek v. Watson, 90 N. C., 302; Austin v. Secrest, 91 N. C., 214.
“ It is only when no evidence is introduced by the defendant” that the right of reply and conclusion belongs, of right, to his counsel, by Rule 3, to be found on page 851 of the same volume.
2.…
2Cases cited5 opinions
- State v. . BowmanSupreme Court of North Carolina · 1878
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
- Ray v. . RaySupreme Court of North Carolina · 1887
- Austin v. . SecrestSupreme Court of North Carolina · 1884
3Cited by3 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- State v. HensleySupreme Court of North Carolina · 1978
- State v. . AndersonSupreme Court of North Carolina · 1888