Opinion · Supreme Court of North Carolina

State v. . Hargett

65 N.C. 669

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1871-06-05
Topic
general

Boyden, J. The only questions raised in this case, are upon the reply of his Honor, to the instructions .asked for by prisoner’s counsel. The instructions asked, were as follows : “ That if the jury find that the prisoner’s fears were reasonably excited by the approach of the deceased with the axe, and believed that his life was in danger, or that some great bodily harm would be inflicted upon him, the killing was only manslaughter.” His Honor, declined to charge specifically, as requested, but stated that he had charged upon that point. There was no evidence in the case to warrant any such instruction, and all the testimony shows that the prisoner had been the aggressor, from the beginning. It was the prisoner who received the axe and pursued do- *672 «eased with it; and when the deceased, with one of the witnesses, ran into the house and closed the door, fastened it and refused admittance to the prisoner, he struck the door several ■blows with the axe; but, being unable to force the door, he pulled out a puncheon from between the logs of the house, thus making an opening by the removal of this puncheon into -the room where the deceased was, and through which the prisoner threw the axe.

Citator

UpLaw has not yet analyzed State v. . Hargett. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions