State v. Fleming
| Decision Date | 06 April 1932 |
| Docket Number | No. 356.,356. |
| Citation | 163 S.E. 453,202 N. C. 612 |
| Parties | STATE. v. FLEMING. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Surry County; Oglcsby, Judge.
J. D. Fleming was convicted of manslaughter, and he appeals.
No error.
The defendant in this action was convicted of manslaughter. It was adjudged by the court that he be con-fined in the State's Prison for a term of not less than fifteen, or more than twentyryears.
The defendant appealed from the judgment to the Supreme Court, assigning"errors at the trial.
Folger & Folger, of Mt. Airy, for appellant. Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State.
At the trial of this action, the defendant admitted that he killed the deceased with a deadly weapon, to wit, a pistol. He contended, however, that at the time he fired his pistol at the deceased, the deceased was assaulting him with a deadly weapon, to wit, a knife. He relied upon his plea of self-defense, and contended that for that reason he was not guilty of murder or of manslaughter, as charged in the indictment. There was evidence which strongly supported the contentions of the defendant, and to show that the homicide was excusable because committed by the defendant in self-defense; there was evidence to the contrary, which tended to contradict the testimony of the defendant, who testified as a witness in his own behalf, and to show that the homicide was at least manslaughter, if not murder in the second degree. The solicitor for the state announced at the trial that he did not contend that the homicide was murder in the first degree, but did contend that it was murder in the second degree or manslaughter. The evidence, both for the state and for the defendant, was submitted to the jury under a charge which appears in the statement of case on appeal certified to this court.
Defendant's assignments of error, based on his exceptions to the rulings of the trial judge with respect to the evidence, cannot be sustained. The error, if any, in sustaining the objection of the state to the testimony of the defendant that the deceased had a "grudge" against him, was not prejudicial to the defendant, for the reason that abundant evidence to that effect was subsequently offered by the defendant, and admitted by the judge without objection by the state. There was no error in the refusal of the judge to sustain the objection of defendant to the introduction of the shirt worn by the deceased at the time he was shot and killed by the defendant, as evidence tending to show the location on the person of the deceased of the fatal wound. The shirt was clearly competent as evidence for that purpose.
Assignments of error based upon defendant's exceptions to the charge of the court to the jury, duly noted in the record, and...
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State v. Atkinson, 22
...felonious homicide may properly be introduced in evidence to show the location of a wound upon the person of the deceased. State v. Fleming, 202 N.C. 512, 163 S.E. 453. See also: State v. Bass, 249 N.C. 209, 105 S.E.2d 645; State v. Petry, 226 N.C. 78, 36 S.E.2d In the present case, the jur......
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State v. Speller
...and bore tears and stains corroborative of the State's theory of the case. State v. Wall, 205 N.C. 659, 172 S.E. 216; State v. Fleming, 202 N.C. 512, 163 S.E. 453; State v. Westmoreland, 181 N.C. 590, 107 S.E. 438; State v. Vann, 162 N.C. 534, 77 S.E. 295. Since the evidence indicated that ......
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State v. Atkinson, No. 2
...corroborate the State's theory of the case, are competent. State v. Speller, 230 N.C. 345, 53 S.E.2d 294 (1949); State v. Fleming, 202 N.C. 512, 163 S.E. 453 (1932). When relevant, articles of clothing identified as worn by the victim at the time the crime was committed are always competent......
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State v. Westbrook
...at page 310, 167 S.E.2d 241; State v. Bass, 249 N.C. 209, 105 S.E.2d 645; State v. Speller, 230 N.C. 345, 53 S.E.2d 294; State v. Fleming, 202 N.C. 512, 163 S.E. 453. These exhibits were competent notwithstanding the admission by the defendant, through his counsel, in open court, that the b......