State v. J. S. Wilcox

Montgomery, J.:

The prisoner at spring term, 1895, of Pasquotank superior court, was convicted of murder in the second degree, and the judgment of the court was that he be imprisoned in the State penitentiary for a term of 15 years. The prisoner having admitted that he killed the deceased with a pistol, the law presumes that he acted with malice, and the burden is shifted upon him to show, not beyond a reasonable doubt but to the satisfaction of the jury, if he can, that the facts and circumstances on •which he relies .to show mitigation or excuse or justification are true. These he can show…