State v. . Miller
Supreme Court of North Carolina
INDICTMENT for murder, tried before Boykin, J., and a jury, at Fall Term, 1892, of Iredell Superior Court. The defendant was convicted, and appealed. The facts are stated in the opinion of Associate Justice Avery.
1Opinion of the Court
Avery, J.:
The Court was asked to instruct the jury, in substance, that in the most unfavorable aspect of the testimony for the defence the prisoner was not guilty.of murder. In refusing this request we think there was error, which entitles the prisoner to a new trial.
The Attorney General contends that upon the admission that the killing was done by the prisoner with a pocketknife, which was a deadly weapon, the State having shown prima facie that the prisoner was guilty of murder, and shifted the burden of proof upon him, it was not the province of the Judge, in any event, to tell the jury…
2Cases cited7 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . VannSupreme Court of North Carolina · 1880
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
- State v. . RotenSupreme Court of North Carolina · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. HankersonSupreme Court of North Carolina · 1975
- State v. . QuickSupreme Court of North Carolina · 1909
- State v. FosterSupreme Court of North Carolina · 1902
- State v. . GregorySupreme Court of North Carolina · 1932
- State v. . RollinsSupreme Court of North Carolina · 1893
17 more not listed; retrieve them via the Exa API.