State v. . Barnwell
Supreme Court of North Carolina
INDICTMENT for Murder tried at Spring Term, 1878, of Buncombe Superior Court, before Cloud, J. The prisoner was indicted for killing Anderson Garrón, and the only witness introduced by the state who saw the difficulty was one M. T. Benefield, who testified substantially as follows : — On Saturday the 24th of November, 1877, the prisoner, deceased and witness, with a four ox team, two of which with the wagon belonged to deceased, and the other two to witness, hauled from…
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INDICTMENT for Murder tried at Spring Term, 1878, of Buncombe Superior Court, before Cloud, J. The prisoner was indicted for killing Anderson Garrón, and the only witness introduced by the state who saw the difficulty was one M. T. Benefield, who testified substantially as follows : — On Saturday the 24th of November, 1877, the prisoner, deceased and witness, with a four ox team, two of which with the wagon belonged to deceased, and the other two to witness, hauled from Henderson county to Asheville, a distance of twenty miles, some household furniture and other chattels for a Mrs. Maxwell,…
1Opinion of the CourtAshe, J.
From the statement of the case which forms a part of the record, it does not appear to have been controverted that the homicide was committed by the prisoner, and the only question presented is, whether he was guilty of murder or .a less offence.
A number of instructions were asked for by the counsel of the prisoner, some of which were correct, and others not, and some His Honor gave, and others he declined to give; but for the purpose of this appeal it is only necessary that we should notice one of the instructions given by him, and one other which he refused to give. In his first charge to…
2Cited by7 opinions
- State v. . QuickSupreme Court of North Carolina · 1909
- State v. . PollardSupreme Court of North Carolina · 1914
- People v. HyndmanCalifornia Supreme Court · 1893
- State v. TidwellCourt of Appeals of North Carolina · 1993
- Hamilton v. StateCourt of Criminal Appeals of Texas · 1918
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