State v. . King
Supreme Court of North Carolina
Appeal by defendant from Burney, J., at October Criminal Term, 1945, of LeNOie. Criminal prosecution upon indictment charging that defendant Alli-good King “feloniously, wilfully, and of malice aforethought, did kill and murder Mrs. Raymond T. Hardy, etc.”
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Appeal by defendant from Burney, J., at October Criminal Term, 1945, of LeNOie. Criminal prosecution upon indictment charging that defendant Alli-good King “feloniously, wilfully, and of malice aforethought, did kill and murder Mrs. Raymond T. Hardy, etc.” It appears from the record that while the grand jury of Lenoir County had returned three true bills of indictment, charging defendant with committing three separate capital offenses, burglary in the first degree, rape, and murder in the first degree, be was put on trial only on the indictment charging murder in the first degree. The ease on…
1Opinion of the CourtWiNBORNE, J.
The principal assignment of error brought forward on this appeal challenges the competency of the testimony of the sheriff as to statement of defendant as to his purpose in going into the Hardy house at the time of the killing of Mrs. Hardy. The assignment is untenable for several reasons, among which are these:
First: “A murder . . . which shall be committed in the perpetration or attempt to perpetrate any . . . rape . . . burglary or other felony, shall be deemed to be murder in the first degree . . .” G. S., 14-17, formerly C. S., 4200. For application see S. v. Bennett, ante, 82; S. v.…
2Cases cited8 opinions
- State v. . MaysSupreme Court of North Carolina · 1945
- State v. . OxendineSupreme Court of North Carolina · 1945
- State v. . MillerSupreme Court of North Carolina · 1941
- State v. . LefeversSupreme Court of North Carolina · 1939
- State v. . HudsonSupreme Court of North Carolina · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. Van LandinghamSupreme Court of North Carolina · 1973
- State v. CauleySupreme Court of North Carolina · 1956
- State v. GraysonSupreme Court of North Carolina · 1954
- State v. RoseboroSupreme Court of North Carolina · 1970
- State v. CrawfordSupreme Court of North Carolina · 1963
9 more not listed; retrieve them via the Exa API.