State v. . Martin
Supreme Court of North Carolina
This was an Indictment for the wilful murder of William W. May, tried at Fall Term, 1841, of Richmond Superior Court of Law, before his honor Judge Pearson., The indictment, which was against the defendant and two others, had been found a true bill at the Fall Term, 1841, of Anson Superior Court of Law.
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This was an Indictment for the wilful murder of William W. May, tried at Fall Term, 1841, of Richmond Superior Court of Law, before his honor Judge Pearson., The indictment, which was against the defendant and two others, had been found a true bill at the Fall Term, 1841, of Anson Superior Court of Law. At this term, the defendants plead not guilty, and on affidavits respectively made by the present defendant and by Thomas Waddill, another defendant, ^ie ^68<3 íwo was removed to Richmond Superior Court of Law. The Solicitor for the State then entered a nolle prosequi as to the other…
1Opinion of the CourtRuffin, C. J.
The Court has carefully considered the instructions given by his Honor to the Jury, and' does not perceive any error in them to the prejudice of the prisoner. It was argued at the bar, that it was a case of sudden affray, or mutual combat in the heat of blood; and that the Court ought to have directed the Jury, that if the prisoner touched the deceased with the whip as an invitation to him to draw his pistol, and they immediately proceeded to the mortal affray, with pistols on each side, the killing was not murder. But a Court is not bound to lay down to the Jury, propositions merely…
2Cited by10 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Jones v. McClaughrySupreme Court of Iowa · 1915
- State v. GreerSupreme Court of Missouri · 1928
- State v. . EvansSupreme Court of North Carolina · 1919
- State v. . LucasSupreme Court of North Carolina · 1899
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