State v. . Baity
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at May Special Term, 1920, of YADKIN. This is an indictment for murder. Tbe defendant was convicted of murder in tbe first degree, and from tbe judgment upon sucb conviction appealed to tbis Court. Spencer McNeill was tried witb tbe defendant, but tbe jury acquitted bim. Tbe deceased was J. E. Zacbary, sheriff of Yadkin County, and tbe killing occurred at an illicit distillery in Yadkin County.
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Appeal by defendant from Harding, J., at May Special Term, 1920, of YADKIN. This is an indictment for murder. Tbe defendant was convicted of murder in tbe first degree, and from tbe judgment upon sucb conviction appealed to tbis Court. Spencer McNeill was tried witb tbe defendant, but tbe jury acquitted bim. Tbe deceased was J. E. Zacbary, sheriff of Yadkin County, and tbe killing occurred at an illicit distillery in Yadkin County. Tbe State’s evidence tended to show that Sheriff Zacbary, on tbe night of 13 Eebruary, 1920, after summoning tbe witness, T. A. Caudle, to bis assistance, went to…
1Opinion of the CourtAlleN, J.
Tbe motion for judgment of nonsuit is upon tbe ground tbat there is no evidence of deliberation and premeditation, wbicb is a necessary and essential element in murder in tbe first degree.
In S. v. Banks, 143 N. C., 657, tbe following charge was approved: “In order to constitute murder in tbe first degree, tbe killing must not only be done with malice aforethought, expressed or implied, but it must be done with willful premeditation and deliberation, and all this must be shown beyond a reasonable doubt. '
“Without willful premeditation and deliberation being thus shown, it cannot be murder in…
2Cases cited6 opinions
- State v. . McCormacSupreme Court of North Carolina · 1895
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. Daniel.Supreme Court of North Carolina · 1905
- State v. . JonesSupreme Court of North Carolina · 1907
- State v. . HowardSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. FranklinSupreme Court of North Carolina · 1990
- State v. . PayneSupreme Court of North Carolina · 1938
- State v. DockerySupreme Court of North Carolina · 1953
- State v. PayneSupreme Court of North Carolina · 1938
- State v. . BynumSupreme Court of North Carolina · 1918
6 more not listed; retrieve them via the Exa API.