State v. Bynum
Supreme Court of North Carolina
Appeal by prisoner from Whedbee, J., at August Term, 1917, of N ORTHAMPTON. The prisoner was convicted of murder in the fire degree. There is no exception to the evidence nor to the charge, except that the court permitted the jury to consider the question of murder in the first degree.
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Appeal by prisoner from Whedbee, J., at August Term, 1917, of N ORTHAMPTON. The prisoner was convicted of murder in the fire degree. There is no exception to the evidence nor to the charge, except that the court permitted the jury to consider the question of murder in the first degree. The case on appeal states: “The prisoner excepted to the judge’s permitting the jury to consider murder in the first degree on the ground that there was no evidence, as he claimed, of murder in the first degree, therefore the judge’s charge is not sent up in full. The court in its charge, among other things,…
1Opinion of the CourtClaeK, C. J.
Our statute of 1892, now Bev., 3361, provides: “A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration of or attempt to perpetrate any arson, rape, robbery, burglary, or other felony, shall be deemed to be murder in the first degree and shall be punished with death. All other kinds of murder shall be deemed murder in the second degree.”
It has been repeatedly held by this Court that the deliberation and premeditation need not be…
2Cases cited9 opinions
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. WelchWest Virginia Supreme Court · 1892
- State v. . McCormacSupreme Court of North Carolina · 1895
- State v. . BanksSupreme Court of North Carolina · 1907
- State v. . BookerSupreme Court of North Carolina · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. CooperSupreme Court of North Carolina · 1975
- State v. BealSupreme Court of North Carolina · 1930
- State v. BovenderSupreme Court of North Carolina · 1951
- State v. . KellySupreme Court of North Carolina · 1940
17 more not listed; retrieve them via the Exa API.