Legal Opinion

State v. . Hill .

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 11 opinions

Indictment eoe MtjRdee, tried before Henry, J., at Fall Term, 1874, NORteampton Superior Court. The defendant Austin Hill, upon affidavit moved for the removal of the case from Northampton county. The following is the affidavit upon which the motion was based, to wit: “ State v. Austin Hill, Cornelius Williams and Alfred Walter.

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Indictment eoe MtjRdee, tried before Henry, J., at Fall Term, 1874, NORteampton Superior Court. The defendant Austin Hill, upon affidavit moved for the removal of the case from Northampton county. The following is the affidavit upon which the motion was based, to wit: “ State v. Austin Hill, Cornelius Williams and Alfred Walter. The defendant Austin Hill makes oath that there are probable grounds to believe that justice cannot be obtained in this county, and he founds his belief upon the fact that the case has been very much canvassed and talked about by all clases of people in said county,…

1Opinion of the CourtBynum, J.

This is an indictment against the prisoners Hill, Williams and Walker, for the murder of Samuel Presson. The first count charges that Hill fired the gun, and that the ether two were present aiding and abetting; the second count charges that Williams fired the gun, Hill and Walker being present ading and abetting in the homicide.

1. After the evidence was given, the counsel of Hill asked the Court to instruct the jury, that unless they found from the evidence that the gun when fired, was in the hands of Hill or Williams, they must find Hill not guilty. This his Honor refused, and in that there…

2Cases cited1 opinion

  1. State v. . CollinsSupreme Court of North Carolina · 1874

3Cited by11 opinions

  1. State v. PomeroyOregon Supreme Court · 1896
  2. State v. SmarrSupreme Court of North Carolina · 1897
  3. State v. . LindseySupreme Court of North Carolina · 1878
  4. State v. FinleySupreme Court of North Carolina · 1896
  5. State v. . FinleySupreme Court of North Carolina · 1896

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