State v. . Simmons
Supreme Court of North Carolina
This was am indictment for murdee, tried before Saunders, J., at the last Fall Terns of New-Hanover Superior Court. The indictment charged that the felonious assault was made upon the body of one Nathan Simmons, by John B. Simmons, the son of the present defendant, and that the latter was present, feloniously aiding and assisting in the crime.
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This was am indictment for murdee, tried before Saunders, J., at the last Fall Terns of New-Hanover Superior Court. The indictment charged that the felonious assault was made upon the body of one Nathan Simmons, by John B. Simmons, the son of the present defendant, and that the latter was present, feloniously aiding and assisting in the crime. The cause was removed, as to the defendant Samuel, from the county of Brunswick to the county of New-Hauover, but as to the principal defendant remained to be tried in the former county. The substance of the evidence was as follows : One Stanlcmd…
1Opinion of the CourtPeabsokt, C. J.
Owing to the emphasis and animated tone, with which his Honor 'put the interrogatory, “ where was the evidence to -establish the fact,” the prisoner is entitled to have the question considered as if the Judge had instructed the jury,'“there was n© evidence of the fact.”
The fact alleged was, that the prisoner’s son, at the time he gave the mortal stab, had reasonable ground to believe that his father’s life was in peril. This allegation is made by way of justification, or excuse, and the onus is upon the prisoner. We are of opinion that there was no evidence upon which the jury could have…
2Cited by11 opinions
- State v. BarnesSupreme Court of North Carolina · 1997
- State v. SmallSupreme Court of North Carolina · 1980
- State v. . PowellSupreme Court of North Carolina · 1914
- State v. . FinleySupreme Court of North Carolina · 1896
- State v. . RideoutSupreme Court of North Carolina · 1925
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