Legal Opinion
State v. Holsclaw
Court of Appeals of North Carolina
Decided September 4, 1979No. 7914SC339PublishedCited by 16 opinions
1Opinion of the Court
VAUGHN, Judge.
Two assignments of error are brought forward by the defendant on the trial judge’s instruction to the jury. Both deal with the issue of proximate cause. We find no merit in these arguments.
“Proximate cause is an element of second degree murder and manslaughter.” State v. Sherrill, 28 N.C. App. 311, 313, 220 S.E. 2d 822, 824 (1976). The acts of the defendant must be a real cause, a cause without which the decedent’s death would not have occurred. The weight of the evidence supports the apparent jury conclusion that the defendant’s acts were the proximate cause of death. The jury…
2Cases cited13 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Doyle v. OhioSupreme Court of the United States · 1976
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- State v. GreeneSupreme Court of North Carolina · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. BrooksSupreme Court of North Carolina · 1994
- State v. GuessConnecticut Appellate Court · 1997
- State v. OlsonSupreme Court of Minnesota · 1989
- State v. CainCourt of Appeals of North Carolina · 1986
- State v. BetheaCourt of Appeals of North Carolina · 2004
11 more not listed; retrieve them via the Exa API.