State v. . Crisp
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at July Term, 1915, of SwaiN. Indictment for murder. Before entering on the trial the solicitor announced that he would not ask for a verdict of murder in the first degree, and the issue was submitted on the question of murder in the second degree or manslaughter or excusable homicide.
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Appeal by defendant from Webb, J., at July Term, 1915, of SwaiN. Indictment for murder. Before entering on the trial the solicitor announced that he would not ask for a verdict of murder in the first degree, and the issue was submitted on the question of murder in the second degree or manslaughter or excusable homicide. There was evidence tending to show that, in September, 1913, at Hazel Creek in Swain County, the prisoner, deceased, and four others were engaged in a game of draw poker, the prisoner having his pistol in evidence, lying near him; that an altercation having arisen between…
1Opinion of the Court
Hoke, J.,
after stating the case: It is insisted, chiefly for the prisoner that his Honor’s charge, in effect, denied him the right to a .perfect self-defense, if the jury should find that he entered into the fight willingly or used language calculated and intended to provoke the difficulty which presently ensued, the objection being that, under our authorities, his Honor should have added “unlawfully” to this feature of his charge. While this may be correct as a general proposition, we are of opinion that it does not arise to defendant on this record.
It is the established position with us…
2Cases cited13 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- Adams v. PeopleIllinois Supreme Court · 1868
- State v. Turnage.Supreme Court of North Carolina · 1905
- State v. . BaldwinSupreme Court of North Carolina · 1911
- State v. . RoweSupreme Court of North Carolina · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. NorrisSupreme Court of North Carolina · 1981
- State v. PotterSupreme Court of North Carolina · 1978
- State v. JenningsSupreme Court of North Carolina · 1970
- State v. . BaldwinSupreme Court of North Carolina · 1922
- State v. . RobinsonSupreme Court of North Carolina · 1938
34 more not listed; retrieve them via the Exa API.