State v. . Gilchrist
Supreme Court of North Carolina
Indictment for murder, tried at September Term, 1893, of Richmond Superior Court, before Connor, J. There was evidence that the prisoner and the deceased (Frank McKoy) had some difficulty a short time before the homicide, and that prisoner had made threats against deceased.
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Indictment for murder, tried at September Term, 1893, of Richmond Superior Court, before Connor, J. There was evidence that the prisoner and the deceased (Frank McKoy) had some difficulty a short time before the homicide, and that prisoner had made threats against deceased. There was evidence tending to show that prisoner killed deceased by waylaying the road on which deceased was returning^from his work at night; that prisoner concealed himself behind some trees on the side of the road, and as deceased was passing by knocked him on the head with an axe, killing him instantly. This was the…
1Opinion of the CourtMacRae, J.
(after stating the facts): The bill of indictment was drawn under the form authorized in chapter 58 of the Laws of 1887, and reads as follows: “The jurors for the State, upon their oath, present that Daniel Gilchrist, late of the county of Richmond, with force and arms, at and in said county, on the 9th day of February, A. D. 1893, feloni-ously, wilfully and with malice aforethought did kill and murder one Frank McKay, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.”
At the time of the passage of the Act of 1887 there were no…
2Cases cited1 opinion
- State v. . LeakSupreme Court of North Carolina · 1879
3Cited by35 opinions
- State v. . SpiveySupreme Court of North Carolina · 1909
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . WilliamsSupreme Court of North Carolina · 1923
- State v. AndersonSupreme Court of North Carolina · 1935
- State v. Matthews.Supreme Court of North Carolina · 1906
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