State v. . Neville
Supreme Court of North Carolina
This was an indictment for the mukdeR of one John Phillips, tried before Diok, J., at the last Spring Term of Halifax Superior Oourt.
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This was an indictment for the mukdeR of one John Phillips, tried before Diok, J., at the last Spring Term of Halifax Superior Oourt. Elizabeth Holt, the mother of the deceased by a former marriage, testified that the deceased made his home at her house; that he was from home on Sunday and Sunday night; that he returned about an hour by the sun; that her son Archie said something offensive to her and John slapped him for it; that Archie was sitting by the fire, crying, when the prisoner came to the house, having a gun; that he enquir-ed what Archie was crying about, and was told by the hoy,…
1Opinion of the CourtRuffiN, J.
In the instructions given to the jury, the Court is unable to discover any error to the prejudice of the prisoner. It is manifest upon the evidence, the course taken by the defense, and the instructions prayed, that the fact of the homicide was not a point in controversy, but that it was as to the manner and circumstances attending it. For the prisoner, it was contended that the three witnesses, who represented themselves to have been present at the fact, had not, in their testimony truly stated the transaction, and, particularly that Elizabeth Holt had not; but that, on the contrary, the…
2Cited by10 opinions
- State v. HunterSupreme Court of North Carolina · 1982
- State v. MacKSupreme Court of North Carolina · 1972
- State v. CopeSupreme Court of North Carolina · 1954
- State v. LaneSupreme Court of North Carolina · 1980
- State v. FloryWyoming Supreme Court · 1929
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