Opinion · Supreme Court of North Carolina

State v. Smith

State v. Smith, 20 N.C. 117 (N.C. 1838)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1838-06-15
Topic
litigation

Per Curiam. The court has not perceived any thing in the instructions to the jury, taken in connexion with the evidence stated, that can authorize a reversal of the judgment. There was no evidence from which it could be judicially or rationally inferred, that the deceased, in word or action, threatened, or even that he meditated violence to the person or dwelling of the prisoner. On the contrary, the evidence establishes a killing without provocation at the time, upon a formed design and ancient grudge, indicated by express threats, and three repeated attempts to shoot an unarmed and unresisting man. It is a cáse of express malice, proved by direct evidence.

Citator

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

Per Curiam.

The court has not perceived any thing in the instructions to the jury, taken in connexion with the evidence stated, that can authorize a reversal of the judgment.

There was no evidence from which it could be judicially or rationally inferred, that the deceased, in word or action, threatened, or even that he meditated violence to the person or dwelling of the prisoner. On the contrary, the evidence establishes a killing without provocation at the time, upon a formed design and ancient grudge, indicated by express threats, and three repeated attempts to shoot an unarmed and unresisting man. It is a cáse of express malice, proved by direct evidence.

The judgment must therefore be affirmed, and the usual certificate transmitted to the Superior Court, in order that the sentence of the law may be carried into execution.