Legal Opinion

State v. . Parker

Supreme Court of North Carolina

Decided January 5, 1868PublishedCited by 16 opinions

Murder, tried before Meares, X, at a term of the Criminal Court of New Hanover, held on the first Monday in June 1867. ■ The deceased (one William Childress) was killed on Sunday night 29th March 1863, and his body was found shortly afterwards in Smith’s Creek, about one mile from Wilmington, On the side of the creek, a few feet off, a large quantity of blood was found, and there were marks of a scuffle.

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Murder, tried before Meares, X, at a term of the Criminal Court of New Hanover, held on the first Monday in June 1867. ■ The deceased (one William Childress) was killed on Sunday night 29th March 1863, and his body was found shortly afterwards in Smith’s Creek, about one mile from Wilmington, On the side of the creek, a few feet off, a large quantity of blood was found, and there were marks of a scuffle. Some twenty wounds were upon the body, two of which had been inflicted by a large knife, and were sufficient to produce immediate death. On the day before, the deceased was wearing- a gold…

1Opinion of the CourtPearson, C. J.

This was a case of circumstantial evidence. His Honor left it to the jury to say whether from all of the facts and circumstances, they were satisfied by the evidence that the prisoner inflicted a mortal wound, or was present aiding and abetting the act. There certainly was evidence tending to prove the guilt of the prisoner, and we think he has no right to complain of the manner in which his Plonor put the case to the jury.

If the prisoner inflicted the mortal wound, or was present aiding and abetting the act, the idea of manslaughter, or of excusable or justifiable homicide, was out of fbe…

2Cited by16 opinions

  1. State v. WestbrookSupreme Court of North Carolina · 1971
  2. State v. AdcockSupreme Court of North Carolina · 1983
  3. State v. HammondsSupreme Court of North Carolina · 1954
  4. State v. . HarrisSupreme Court of North Carolina · 1943
  5. State v. Adams.Supreme Court of North Carolina · 1905

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