State v. . Spivey
Supreme Court of North Carolina
Appeal from W. J. Adams, J., March Term, 1909, of BladeN. The defendant was indicted for the murder of Frank Shaw, his father-in-law, on the night of 10 December, 1908, in- Bladen County, and, upon his plea of not guilty, was tried and convicted of murder in the first degree, and from the sentence of death pronounced by the court he appeals to this Court.
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Appeal from W. J. Adams, J., March Term, 1909, of BladeN. The defendant was indicted for the murder of Frank Shaw, his father-in-law, on the night of 10 December, 1908, in- Bladen County, and, upon his plea of not guilty, was tried and convicted of murder in the first degree, and from the sentence of death pronounced by the court he appeals to this Court. The immediate circumstances of the homicide are detailed in the testimony of Eugenia Shaw, the wife of the deceased, as follows : “Frank (the deceased) was hauling cotton to Mr. Nance’s. He came that evening about dusk. There was a walking…
1Opinion of the CourtManning, J.
In the statement of the case there are twenty-one exceptions noted and embraced in the prisoner’s assignment of errors, but in the well-considered brief of his able and learned counsel only the following numbered exceptions are mentioned, to-wit, exceptions 4, 8, 9, 12, 13, 15, 16, 17, 18, 19, 20 and 21. Under Rule 34 (140 N. C., 666) and the decisions of this Court, those not mentioned are deemed abandoned. This rule applies equally to civil and criminal cases. Britt v. Railroad, 148 N. C., 37; State v. Freeman, 146 N. C., 615; State v. Register, 133 N. C., 746. We have, however, in favorem…
2Cases cited22 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- State v. Jarrell.Supreme Court of North Carolina · 1906
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . NorwoodSupreme Court of North Carolina · 1894
- State v. . GilchristSupreme Court of North Carolina · 1893
17 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Roberts v. LouisianaSupreme Court of the United States · 1976
- State v. StricklandSupreme Court of North Carolina · 1983
- State v. DuboiseSupreme Court of North Carolina · 1971
- State v. HamletteSupreme Court of North Carolina · 1981
- State v. DeckSupreme Court of North Carolina · 1974
65 more not listed; retrieve them via the Exa API.