State v. . Brittain
Supreme Court of North Carolina
INDICTMENT for murder tried at Fall Term, 1883, of Hen-DERSON Superior Court, before Oudger, J. The prisoners are charged with the killing of Samuel P. Cunningham, and upon the trial they made several exceptions, based upon facts which are substantially as follows: One Shipman, a juror of the original panel, when called was challenged by the prisoners on the ground that he had served as a juror in that court within two years of that term of the court, but the challenge was…
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INDICTMENT for murder tried at Fall Term, 1883, of Hen-DERSON Superior Court, before Oudger, J. The prisoners are charged with the killing of Samuel P. Cunningham, and upon the trial they made several exceptions, based upon facts which are substantially as follows: One Shipman, a juror of the original panel, when called was challenged by the prisoners on the ground that he had served as a juror in that court within two years of that term of the court, but the challenge was disallowed and the prisoners excepted. A difficulty occurred between the prisoners, Samuel P. Brit-tain and John W.…
1Opinion of the CourtAsi-ie, J.
It was not contended in the argument before us, nor does it seem to have been insisted upon in the court below, but that Cunningham, the deceased, came to his death iu consequence of a wound received from a pistol fired by the prisoner, I. W. Brittain, at Fanning, in the rencountre between him and the prisoner. We therefore take that fact as conceded.. We do not think we are called upon to consider whether the evidence disclosed any feature of the crime of murder, for the prisoners having been found guilty of manslaughter only, the question for us to decide is, whether they were convicted of…
2Cases cited7 opinions
- State v. . WillisSupreme Court of North Carolina · 1868
- State v. . VannSupreme Court of North Carolina · 1880
- State v. . MorrisSupreme Court of North Carolina · 1881
- State v. . Ta-Cha-Na-TahSupreme Court of North Carolina · 1870
- State v. . SmithSupreme Court of North Carolina · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- State v. CherrySupreme Court of North Carolina · 1979
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. FullerSupreme Court of North Carolina · 1894
- State v. . PottsSupreme Court of North Carolina · 1888
- State v. . CoxSupreme Court of North Carolina · 1910
102 more not listed; retrieve them via the Exa API.