State v. . Pankey
Supreme Court of North Carolina
Homicide — Malice—Judge’s Charge— Trial. Indictment for Murder, tried before Merrimon, J., at Pall Term, 1889, of Montgomery Superior Court.
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Homicide — Malice—Judge’s Charge— Trial. Indictment for Murder, tried before Merrimon, J., at Pall Term, 1889, of Montgomery Superior Court. The evidence tended to show that the prisoner and deceased were at one Joe Jackson’s, at dinner, and got into an altercation on account of something the deceased said about Austin Green; that the prisoner went out and sat upon a fence, and deceased took out his knife, opened it, and went out and sat upon the fence near by and commenced whittling; that deceased said to prisoner “he ought not to be making fun of Austin Green, as he was away from home,…
1Opinion of the Court
Shepherd, J.:
We have carefully considered his Honor’s instruction, and we are unable to find any error of which the prisoner can complain.
Every aspect raised by the testimony was with great particularity presented to the jury, and the law applicable thereto was correctly and intelligently explained.
Among other things, the Court charged the jury, “that if they found from the' evidence that the prisoner had formed & particular and definite purpose to kill the deceased, .and in pursuance of such purpose procured the gun and sought the deceased and shot and killed him, he was guilty, no matter…
2Cases cited1 opinion
- State v. GoochSupreme Court of North Carolina · 1886
3Cited by6 opinions
- S. v. . EnglishSupreme Court of North Carolina · 1913
- State v. EnglishSupreme Court of North Carolina · 1913
- State v. . AllenSupreme Court of North Carolina · 1942
- State v. BurneySupreme Court of North Carolina · 1913
- State v. HenryNew York Court of General Session of the Peace · 1918
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