Legal Opinion

State v. . Wilkins

Supreme Court of North Carolina

Decided March 6, 1912PublishedCited by 15 opinions

Appeal from Ferguson, J., at November Term, 1911, of Nash. Tbe prisoner was indicted in tbe court below for tbe murder of bis wife, and was convicted of murder in tbe first degree. Tbe evidence tended to sbow tbe following facts: Tbe prisoner and deceased, who was bis wife, lived about one mile from tbe town of Spring Hope in Nasb County.

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Appeal from Ferguson, J., at November Term, 1911, of Nash. Tbe prisoner was indicted in tbe court below for tbe murder of bis wife, and was convicted of murder in tbe first degree. Tbe evidence tended to sbow tbe following facts: Tbe prisoner and deceased, who was bis wife, lived about one mile from tbe town of Spring Hope in Nasb County. For some time prior to tbe bomicide there bad-been misunderstandings and quarrels between defendant and bis wife, and about two weeks before tbe bomicide tbe defendant drove bis wife from tbeir borne, to tbe bouse of ber mother, about twenty-five or thirty…

1Opinion of the Court

"Walker, J".

There is but one exception in this case that calls for any discussion, as we will presently show. The prisoner objected to the testimony of the witness, Rhoda Ann Westray, the mother of the deceased, as to whether the prisoner and his wife had lived together peaceably and as to any quarrels between them that she had seen. She answered that they did not live “good together,” and that they had quarreled two Sundays before the homicide was committed, when the prisoner drove his wife from his home, threatening to cut her with his knife and attempting to draw his pistol. Except the…

2Cases cited3 opinions

  1. Siberry v. StateIndiana Supreme Court · 1893
  2. State v. Adams.Supreme Court of North Carolina · 1905
  3. State v. . RashSupreme Court of North Carolina · 1851

3Cited by15 opinions

  1. State v. . LawrenceSupreme Court of North Carolina · 1929
  2. State v. PalmerSupreme Court of North Carolina · 1949
  3. State v. . CaseySupreme Court of North Carolina · 1931
  4. State v. KincaidSupreme Court of North Carolina · 1922
  5. State v. . LefeversSupreme Court of North Carolina · 1939

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