State v. . Gragg
Supreme Court of North Carolina
Indictment for murder tried before Hoke, J., and a jury at June, 1897, Special Term of Caldwell Superior Court. The defendant was convicted of murder in the first degree and appealed. The facts are stated fully in the opinion of Furches, J., and in the dissenting opinion of Clark, J.
1Opinion of the Court
CLARK and MONTGOMERY, JJ., dissent. The evidence tends to establish a horrible murder. This was hardly disputed, though there was evidence offered to show that the deceased Moore had been in possession of dynamite, which he had sometimes used. The evidence tends to show that the deceased Moore and Bowman went to sleep in this world and woke up in eternity; and the question for the jury was one of identity.
There are exceptions to evidence, but they cannot be sustained, and the ruling of the court upon defendant's exceptions as to evidence are based upon principles so often sustained by this…
2Cases cited3 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. . AllenSupreme Court of North Carolina · 1855
- Caldwell v. . WilsonSupreme Court of North Carolina · 1897
3Cited by13 opinions
- State v. FurrSupreme Court of North Carolina · 1977
- State v. . LawrenceSupreme Court of North Carolina · 1929
- State v. FosterSupreme Court of North Carolina · 1902
- State v. . HarveySupreme Court of North Carolina · 1947
- State v. BellCourt of Appeals of North Carolina · 1983
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