State v. . Cox
Supreme Court of North Carolina
Indictment for murder, tried before Boykin, J, .at Fall Term, 1891, of Jones Superior Court. The indictment charges the defendant with the murder of William Sutton. He pleaded not guilty. ’The evidence produced on the trial tended very strongly to prove the murder as charged. Numerous witnesses were examined for the State. The prisoner introduced no evidence.
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Indictment for murder, tried before Boykin, J, .at Fall Term, 1891, of Jones Superior Court. The indictment charges the defendant with the murder of William Sutton. He pleaded not guilty. ’The evidence produced on the trial tended very strongly to prove the murder as charged. Numerous witnesses were examined for the State. The prisoner introduced no evidence. Alice Simmons, a witness for the State, testified as follows : “Remember evening Sutton was killed; I was at home at my mother’s; I was in the house putting on supper; Sutton came up and called me to the door; he told me to come out…
1Opinion of the Court
Merrimon, C. J.:
The whole charge of the Court to the jury is not sent up. The presumption is that the instructions given were sufficient and correct, except in the respect as to which error is assigned. To that,alone we can properly advert.
There was evidence of express malice, and the whole evidence on the trial tended strongly to prove the murder as charged in the indictment. The Court instructed the jury “ that the defendant was guilty of murder, if he was guilty of any offence at all; that there was no element of manslaughter in the case.” Assuming, as we must, that it gave other…
2Cases cited1 opinion
- State v. . ByersSupreme Court of North Carolina · 1888
3Cited by10 opinions
- Gilbert v. Waccamaw Shingle Co.Supreme Court of North Carolina · 1914
- State v. . McKinneySupreme Court of North Carolina · 1892
- Watkins v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
- State v. . RidgeSupreme Court of North Carolina · 1899
- Shields v. . FreemanSupreme Court of North Carolina · 1912
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