State v. . Locklear
Supreme Court of North Carolina
INDICTMENT foe. mtodbR, and being accessory before the fact, tried before Holce, J., at October Term, 1895, of Robeson Superior Court. The bill of indictment charged Wade Locklear with the murder of Burdie Bullard, and Patrick Locklear and G-. W. Locklear with being accessories before the fact.
1DissentClark, J.
In State v. Covington, at last Term, (117 N. C., 834,) it was held, affirming the construction of the statute theretofore made by McRae, J., in State v. Gilchrist, 113 N. C., 673, and by Avery, J., in State v. Norwood, 115 N. C., 791, that “ the Act of February 11, 1893 ” (which divided the crime of murder into two degrees) “ does not give jurors a discretion, when rendering their verdict, to determine of what degree of murder a prisoner is guilty. They must render a verdict according to the evidence; and, believing a prisoner guilty beyond a reasonable doubt of murder in the first degree, it…
2Cases cited6 opinions
- State v. . GilchristSupreme Court of North Carolina · 1893
- State v. . FlemingSupreme Court of North Carolina · 1890
- State v. . AlstonSupreme Court of North Carolina · 1893
- State v. . McKnightSupreme Court of North Carolina · 1892
- City National Bank of Norfolk v. BridgersSupreme Court of North Carolina · 1894
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