Legal Opinion

State v. . Rowe

Supreme Court of North Carolina

Decided May 17, 1911PublishedCited by 24 opinions

Appeal from Pell, J., at the November Term, 1911, of Mitoi-iell. The defendants, Charles Rowe and Wesley Rowe, were indicted for the murder of Eilmore Rose. Wesley Rowe was acquitted and Charles Rowe was convicted of manslaughter. The killing was admitted by the defendant Charles Rowe, his plea being self-defense.

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Appeal from Pell, J., at the November Term, 1911, of Mitoi-iell. The defendants, Charles Rowe and Wesley Rowe, were indicted for the murder of Eilmore Rose. Wesley Rowe was acquitted and Charles Rowe was convicted of manslaughter. The killing was admitted by the defendant Charles Rowe, his plea being self-defense. The evidence is voluminous, but for the purpose of considering the exceptions the following statement of facts and a portion of the evidence will suffice: The deceased, whose wife was a first cousin of the prisoner, had in cultivation a field about a mile from his home, and in order…

1Opinion of the Court

Walker, J.,

after stating the case. The remark of the judge to the jury is severely criticised by counsel as an intimation by him that the ease was being argued by defendant’s counsel at too great length; but we cannot draw the inference from it. Counsel for the State might just as well complain that it was directed against them. It seems to have been made indifferently. We are not informed by the record what elicited the remark, and we are unable to see that it was prejudicial to the defendant. It may bare been, so, but it is incumbent upon him to show it. We will not presume error. S. v.…

2Cases cited8 opinions

  1. State v. . BrittainSupreme Court of North Carolina · 1883
  2. State v. . DixonSupreme Court of North Carolina · 1876
  3. State v. . QuickSupreme Court of North Carolina · 1909
  4. State v. Barrett.Supreme Court of North Carolina · 1903
  5. State v. Blevins.Supreme Court of North Carolina · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. FaustSupreme Court of North Carolina · 1961
  2. State v. PhillipsSupreme Court of North Carolina · 1965
  3. State v. . GregorySupreme Court of North Carolina · 1932
  4. S. v. . BlackwellSupreme Court of North Carolina · 1913
  5. S. v. . VannSupreme Court of North Carolina · 1913

19 more not listed; retrieve them via the Exa API.

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