State v. . Lane
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Edgecomb county, at Fall Term, 1843, his honor Judge Bailey presiding. This was an indictment against the prisoner for the murder of John Bedford.
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Appeal from the Superior Court of Law of Edgecomb county, at Fall Term, 1843, his honor Judge Bailey presiding. This was an indictment against the prisoner for the murder of John Bedford. The testimony was as follows : Ben-bury Bradley swore that he was at M. P. Edwards’ on the day of the election in August last, and that the prisoner and the deceased were there — that Edwards’ house has a piazza in front, next the public road, in one end of which he had a room used as a store-room, and there is a piazza also extending from this store-roomalong the side of the house — that there is an…
1Opinion of the CourtRuffin, C. J.
The counsel for the prisoner complains of only one part of the instructions to the jury. It is that, in which his Honor stated, that, if, at the time the prisoner passed the witnesses and said to them, “Boys don’t see me, I intend to cut off his coat,” he intended to kill the deceased, and, when he met the deceased, carried .that intention into execution by stabbing him, -he was guilty of murder, although, at the time he did the act, he was excited by passion. It is said, this instruction was erroneous, because it put the grade of the offence on the existence of an intention to kill, when-the…
2Cited by6 opinions
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. . FrancisSupreme Court of North Carolina · 1913
- State v. . RatliffSupreme Court of North Carolina · 1915
- State v. HuberNevada Supreme Court · 1915
- State v. . DickensSuperior Court of North Carolina · 1796
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