State v. Carr
Decision Date | 10 October 1928 |
Docket Number | 201. |
Parties | STATE v. CARR et al. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Duplin County; Grady, Judge.
Nellie Carr and Robert Carr were convicted of manslaughter, and they appeal. Reversed as to Robert Carr, and new trial granted as to Nellie Carr.
Nellie Carr, Robert Carr, James Carr, Graham Carr, and Willie Carr were indicted for the murder of Will Carr, the husband of Nellie and the father of the other defendants on the night of October 8, 1927. At the close of the state's evidence James Carr was discharged and on the trial Nellie and Robert were convicted of manslaughter and the others were acquitted. From the judgment pronounced Nellie and Robert appealed upon error assigned.
Nothing appearing beyond speculation or conjecture to show defendant's connection with homicide, demurrer to evidence should have been sustained (C.S. § 4643).
Evidence that defendant killed her husband held sufficient to take case to jury.
George R. Ward, of Wallace, and Rivers D. Johnson, of Warsaw, for appellants.
Dennis G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen for the State.
The evidence tends to show the following circumstances: The deceased and his family lived on the second floor of a house used for packing tobacco. The room was about 24 steps long and had one door opening from a porch on the front, which was reached by a stairway. Near the middle of the room was a curtain intended as a partition, the space occupied by the deceased and his wife being on the north side and on the south the space occupied by the children. There was a window in the rear of the room. The bed on which Robert and his wife slept was between the door and the curtain. The other children were sleeping on the porch when their father came to his death. The bed occupied by the deceased was in the northeast corner of the room. His death occurred a little while before midnight.
Nellie Carr testified that she was 43 years of age, had been married 26 years, had lived peaceably with her husband; that he had recently begun to drink and to "take dope," and on the afternoon preceding his death had come home intoxicated. In reference to his death she said:
Dr. Quinn, a witness for the state, testified as follows:
The defendants excepted to the question and the answer. This evidence should have been excluded. The defense was suicide. The ultimate issue for the jury was whether in truth the deceased had fired the gun; but, notwithstanding positive evidence to the contrary, the witness was permitted to make an unqualified negative answer. As a rule the witness is required to state the facts he observed and relied on as the basis of his opinion so far as they permit of a detailed enumeration. Such a statement of the facts affords an opportunity of testing the...
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