State v. Casey

• Decision Date: 17 April 1912
• Citation: 74 S.E. 625,159 N.C. 474
• Parties: STATE v. CASEY et al.
• Court: North Carolina Supreme Court

74 S.E. 625

159 N.C. 474

STATE v. CASEY et al.

Supreme Court of North Carolina

April 17, 1912

Appeal from Superior Court, Craven County; Carter, Judge.

Leona and Burrill Casey were convicted of murder in the second degree, and Leona Casey appeals. Affirmed.

Carl Daniels and W. D. McIver, for appellant.

Attorney General Bickett, Assistant Attorney General Calvert, and D. L. Ward, for the State.

BROWN, J.

The evidence against Leona Casey amply justified her conviction, as is shown by the following extract from the brief of her counsel: "However, the crime she is charged with is the most heinous known to man. She is charged with poisoning one husband in order that she might be free to marry another. If the evidence introduced in the case tends to prove anything against her, it must prove the charge." This unfortunate prisoner does not ask for a new trial, but states through her counsel that she "would prefer to take her ten-year sentence in the penitentiary than to put her young life in jeopardy again."

The only assignment of error discussed in the brief is stated as follows: "At the conclusion of the evidence the state declined to ask the jury to convict her of murder in the first degree, and there was no evidence of murder in any other degree," and upon this decision of the solicitor she asked for her discharge. We have already held repeatedly that, if the solicitor erred, it is an error in favor of the prisoner, of which she cannot justly complain. State v. Quick, 150 N.C. 820, 64 S.E. 168; State v. Matthews, 142 N.C. 621, 55 S.E. 342.

Upon a review of the entire record, we find no error.