Legal Opinion

State v. . Kale

Supreme Court of North Carolina

Decided April 25, 1899PublishedCited by 19 opinions

INDICTMENT for murder of George Travis, tried before Goble,, J., at Eall Term, 1898, of tbe Superior Court of Catawba County.

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INDICTMENT for murder of George Travis, tried before Goble,, J., at Eall Term, 1898, of tbe Superior Court of Catawba County. Tbe prisoner and deceased were in tbe employment of A. S. Alley, wbo ran a government distillery in Catawba County in 1898. There ivas evidence that tbe prisoner entertained bad feelings towards the deceased, on account of tbe deceased having supplanted him in his position at tbe distillery, and because of his being a witness on an indictment at Court against him. Tbe prisoner was given to bad spells of drinking and bad repeatedly uttered threats against tbe deceased.…

1Opinion of the Court

Eaiecloth:, 0. J.

Tbe defendant was indicted and convicted of murder in tbe first degree. Tbe first exception is that tbe Judge failed “to state in a plain and correct manner the evidence given in tbe case and declare and explain the law arising thereon” as required by Section 413 of Tbe Code. This Section imposes an important duty on tbe Judge and one of vital interest to tbe defendant when on trial under a charge of a capital felony.

We have carefully read tbe evidence in detail and tbe charge. The charge is elaborate, calling attention distinctly to each grade of tbe offence of murder and…

2Cases cited3 opinions

  1. State v. . PottsSupreme Court of North Carolina · 1888
  2. State v. . KeathSupreme Court of North Carolina · 1880
  3. State v. . McDanielSupreme Court of North Carolina · 1894

3Cited by19 opinions

  1. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  2. State v. BaldwinSupreme Court of North Carolina · 1970
  3. State v. . MurphySupreme Court of North Carolina · 1911
  4. State v. . CreechSupreme Court of North Carolina · 1949
  5. State v. . MillerSupreme Court of North Carolina · 1929

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