State v. . Yates
Supreme Court of North Carolina
Appeal from Pell, J., at the Fall Term, 1910, of Watauga. This is an indictment against Daniel Yates for murder. The jury returned a verdict of “guilty of manslaughter,” and from the judgment of imprisonment for seven years in the State’s Prison pronounced thereon the defendant appealed. • There was evidence upon the part of the State tending to show that on the morning of 16 November, 1909, the defendant, his wife, Bettie Yates, and her two daughters, met with Mrs. Biddy…
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Appeal from Pell, J., at the Fall Term, 1910, of Watauga. This is an indictment against Daniel Yates for murder. The jury returned a verdict of “guilty of manslaughter,” and from the judgment of imprisonment for seven years in the State’s Prison pronounced thereon the defendant appealed. • There was evidence upon the part of the State tending to show that on the morning of 16 November, 1909, the defendant, his wife, Bettie Yates, and her two daughters, met with Mrs. Biddy McGuire, wife of the deceased, Jack McGuire, and Mrs. Nancy Ward, lier daughter, in a galax patch in the woods near a…
1Opinion of the CourtAlleN, J.
Tbe evidence offered on tbe part of tbe State tended to show that tbe defendant was guilty of murder in tbe second degree, at least, while tbe evidence of tbe defendant and of tbe witnesses introduced to corroborate Mm, if believed by tbe jury, would have justified a verdict of not guilty.
It is evident that tbe juiy did not accept, in its entirety, tbe evidence of tbe State or of tbe defendant, and that tbe verdict, guilty of manslaughter, was rendered upon tbe theory that tbe defendant and tbe deceased fought willingly, of which there was ample evidence.
The only exceptions appearing in tbe…
2Cases cited2 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Davis v. Keen.Supreme Court of North Carolina · 1906
3Cited by22 opinions
- State v. . GregorySupreme Court of North Carolina · 1932
- S. v. . BlackwellSupreme Court of North Carolina · 1913
- State v. . SpencerSupreme Court of North Carolina · 1918
- State v. . CrispSupreme Court of North Carolina · 1916
- State v. . BaldwinSupreme Court of North Carolina · 1922
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