Legal Opinion

State v. Hodges

Supreme Court of North Carolina

Decided November 1, 1961PublishedCited by 2 opinions

1Opinion of the CourtHiggiNS, J.

The trial court in the charge to the jury accurately reviewed the evidence and correctly instructed the jury as to the law governing murder and manslaughter. The court likewise charged as to the right of each defendant to defend his or her self. However, the court failed to charge or refer to any conditions or circumstances under which Burlie Gosnell might fight in defense of her daughter, or L. L. Hodges in defense of his brother’s wife.

The defendants’ evidence, heretofore quoted in the statement of facts, tends to show that Burlie Gosnell entered the fight by reason of the screams of her…

2Cases cited4 opinions

  1. State v. . MosleySupreme Court of North Carolina · 1938
  2. State v. . AndersonSupreme Court of North Carolina · 1942
  3. State v. . LeeSupreme Court of North Carolina · 1927
  4. State v. CloudSupreme Court of North Carolina · 1961

3Cited by2 opinions

  1. State v. SpencerCourt of Appeals of North Carolina · 1976
  2. Brown v. . HillsboroSupreme Court of North Carolina · 1923

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