State v. Banks
Decision Date | 30 April 1907 |
Citation | 143 N.C. 652,57 S.E. 174 |
Court | North Carolina Supreme Court |
Parties | STATE v. BANKS. |
Evidence on a trial for homicide held to show deliberation and premeditation sufficient to sustain a verdict of murder in the first degree.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 26, Homicide, § 480.]
Revisal 1905, § 3631, declaring that murder by means of poison, lying in wait, etc., or by any other kind of willful, deliberate, or premeditated killing, shall be murder in the first degree, and that all other kinds of murder shall be murder in the second degree, classifies the different kinds of murder at common law, without giving any new definition, and the malice essential to constitute murder in the first degree need not arise from personal ill will, but may exist where there has been a wrongful and intentional killing without lawful excuse or mitigating circumstances.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 26, Homicide, §§ 15-18.]
Where, on a trial for homicide, the court charged that, to constitute murder in the first degree, the killing must be done with malice aforethought and with premeditation and deliberation, and that no particular time is necessary to constitute premeditation and deliberation, but, if the purpose to kill has been deliberately formed, the interval which elapses before its execution is immaterial, etc., the accused could not complain that the court failed to charge that, if the purpose to kill was formed simultaneously with the killing, the homicide would not be murder in the first degree.
Appeal from Superior Court, Ashe County; Ward, Judge.
Will Banks was convicted of murder in the first degree, and he appeals. Affirmed.
R. A. Doughton, for appellant.
Assistant Attorney General Clement, for the State.
We have given the record and the exceptions noted our most careful consideration, and we find no error which entitles the prisoner to a new trial.
The objections urged upon our attention by counsel are that the judge declined to charge as requested, first, that there was no evidence of a deliberate and premeditated murder, and therefore a verdict of murder in the first degree should not be rendered; second, that, to constitute murder in the first degree, there must exist on the part of the slayer towards the deceased expressed malice, and that, in order to convict defendant of murder in the first degree in this case, the jury must be satisfied beyond a reasonable doubt that he slew deceased with particular or express malice, and that he did so with premeditation and deliberation; third, that in the charge, as given, the court did not properly instruct the jury as to what constitutes deliberation and premediation, in that he did not tell them that, if the purpose to kill was formed simultaneously with the act of killing, the homicide would not be murder in the first degree. We are of opinion that none of these objections can be sustained.
There was evidence tending to show that the son of deceased owed the prisoner a small sum of money, and there was a dispute between them as to the amount; that a few days before the homicide the prisoner was heard to say that the deceased, Prank, upheld his son, Onney, in not paying him the money; and that he was going to have the money or shoot the deceased. On the occasion of the homicide, there is no substantial difference in the account given by the witnesses. Three eyewitnesses to the occurrence testified, in substance, as follows: Jesse Reeves: Nettie Parsons: Robert McMillan: ...
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