State v. . Angel
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancy County, at the Fall Term, ‘1846, his Honor Judge Cald-weli. presiding» The prisoner was indicted, with another, for the murder of Robert B. Roberts, by stabbing with a knife, and found guilty. Upon the trial, witnesses for the State testified, that the prisoner gave the mortal wound without any previous provocation from the deceased.
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Appeal from the Superior Court of Law of Yancy County, at the Fall Term, ‘1846, his Honor Judge Cald-weli. presiding» The prisoner was indicted, with another, for the murder of Robert B. Roberts, by stabbing with a knife, and found guilty. Upon the trial, witnesses for the State testified, that the prisoner gave the mortal wound without any previous provocation from the deceased. Witnesses for the prisoner, however, stated, that the deceased was in the act of striking at the prisoner, when the stab was' given; and other witnesses for the prisoner testified, that the deceased had struck the…
1Opinion of the CourtRuffin, C. J.
The Court is of opinion, that there is no error in the judgment.
On the point respecting the name of the deceased, his Honor was certainly right in saying, that it was the province ofthe jury to determine what the name was. We do not understand what was meant by the request, that the Court would reserve that question. If the prisoner meant to insist that the name of the deceased was not that given to him in the indictment, but another, and wished the aid ofthe Judge in getting the lawful advantage of the defect in the description, the proper method would have been to ask an instruction to the…
2Cited by18 opinions
- State v. ScottSupreme Court of North Carolina · 1953
- State v. HowardSupreme Court of North Carolina · 1901
- McNinch v. . Trust Co.Supreme Court of North Carolina · 1922
- State v. BelknapWashington Supreme Court · 1906
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
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