State v. . Barbee
Supreme Court of North Carolina
This was an INDICTMENT for shooting at a railroad train, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Durham Superior Court. There was evidence tending to show that the defendant shot at the passenger train on the North Carolina Railroad, as charged in the indictment. That shortly before the shooting his pistol was taken away from him, when he demanded it, drew his knife, and threatened to cut the person who had gotten his pistol from him.
Read the full summary
This was an INDICTMENT for shooting at a railroad train, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Durham Superior Court. There was evidence tending to show that the defendant shot at the passenger train on the North Carolina Railroad, as charged in the indictment. That shortly before the shooting his pistol was taken away from him, when he demanded it, drew his knife, and threatened to cut the person who had gotten his pistol from him. That when his pistol was restored to him he fired three times at the train, while within range of his pistol, but there was no…
1Opinion of the CourtMerrimoN, J.
The defendant is indicted for shooting “a missil, pellet, shot, and bullet at, against, and into, a certain rail road car, locomotive and train ***** with intent to injure the said car and locomotive,” in violation of the statute [The Code, sec. 1100).
The Court refused to instruct the jury, as the defendant requested it to do, that there was no evidence of his intent to injure the car as charged, and he excepted.
There is not the slightest foundation for this exception. The case states that there was evidence tending to show, that “ he (the defendant) was helplessly drunk,” but it appears…
2Cases cited1 opinion
- State v. . PhiferSupreme Court of North Carolina · 1884
3Cited by6 opinions
- State v. BooneSupreme Court of North Carolina · 1984
- State v. . DavisSupreme Court of North Carolina · 1939
- State v. ElliottSupreme Court of North Carolina · 1950
- Hemmer v. Tennessee Electric Power Co.Court of Appeals of Tennessee · 1940
- Ward v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.