Opinion

State v. . Stackhouse

  • 152 N.C. 808
  • 67 S.E. 764
  • 1910 N.C. LEXIS 385
Court
Supreme Court of North Carolina
Filed
Apr 6, 1910
Status
Published
Author
Brown
On the bench
Brown
Cited by
3 cases
Authority
More cited than 76.9%

The opinion

Brown, J.

The prisoner was convicted of the premeditated and deliberate murder of his wife. The killing with a deadly weapon, a shotgun, was admitted. There are no exceptions to the evidence.

The only assignments of error relate to the charge of the judge upon the question of premeditation.

We have examined the entire record with the care which the importance of the case deserves, and we have weighed the well-considered argument of the learned counsel for the prisoner. We are compelled to say that we find no merit in the exceptions pressed so earnestly upon our attention. His Honor followed accurately the well-settled principles laid down by this Court in numerous cases as to what constitutes deliberation and premeditation, and we think it is needless to repeat them here.

S. v. Thomas,

118 N. C., 1113 ;

S. v. Dowden,

118 N. C., 1145 ;

S. v. Norwood,

115 N. C., 790 ;

S. v. Covington,

117 N. C., 834 ;

S. v. McCormac,

116 N. C., 1033 .

It is true, the provocation which led to the crime was such that it induced the jury to attach to their verdict a recommendation for mercy. That is'4 a matter for the consideration of the Chief Executive of the State.

In the rulings of the court below we find

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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