State v. Grier
| Decision Date | 22 January 1936 |
| Docket Number | No. 723.,723. |
| Citation | 209 N.C. 298,183 S.E. 272 |
| Court | North Carolina Supreme Court |
| Parties | STATE . v. GRIER. |
Appeal from Superior Court, Forsyth County; Phillips, Judge.
Henry Grier was convicted of murder in the first degree, and he appeals. No error.
The bill of indictment charged the defendant, Henry Grier, with the murder of one Annie Giles, on May 5, 1935.
The state's evidence tended to show that the defendant (a married man) and deceased had lived together for about four years; that about four months prior to the homicide deceased had left the defendant and had come to live with her sister on East Fourth street in Winston-Salem; that defendant came to see her there each week. The sister of the deceased testified that nine or ten days before the homicide she heard defendant ask deceased to come back and stay with him again, and that deceased said, "No, she wasn't coming back no more, because it wasn't right to live with him"; that defendant then said, "If you don't come back and stay with me, I am going to kill you, " and she replied, "Henry, don't kill me, I want to do right." Thereupon defendant knocked her off the porch and beat her.
The witness further testified that on May 5, about 8 or 9 p. m., defendant came to the house and went into the room where deceased was, and that in a few minutes she heard deceased say, "Henry, don't, " and then a pistol shot, and deceased fell to the floor with a bullet in her brain. When others who were in the house attempted to enter the room, defendant said, "Don't come in here, I will kill every one of you, " and fired several shots at them.
An examination of the body of deceased showed the bullet had entered her head back of the right ear and had ranged upward into the brain.
The defendant offered no evidence.
During the trial it was admitted by the defendant, through his counsel, that he was guilty of murder in the second degree. There was a verdict of guilty of murder in the first degree, and from judgment thereon of death by electrocution, defendant appealed.
Slawter & Wall, of Winston-Salem, for appellant.
A. A. F. Seawell, Atty. Gen., and John W. Aiken and T. W. Bruton, Asst. Attys. Gen., for the State.
The only question presented by this appeal is whether the trial judge properly instructed the jury as to murder in the second degree.
There is no other assignment of error.
A careful consideration of the entire record, including the accurate and comprehensive charge of the learned judge, satisfies us...
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Prescoe v. State
...People v. Pye, 96 Ga.App. 685, 101 S.E.2d 609 (1957); People v. Hammond, 26 Cal.App.2d 145, 78 P.2d 1172 (1938); State v. Grier, 209 N.C. 298, 183 S.E. 272 (1936); Jones v. United States, 72 F.2d 873 (7 Cir.1934); 9 Wigmore on Evidence (3rd ed.), Secs. 2588-2592, especially Sec. 2592; 2 Jon......
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State v. Bridges
...no intention, however, to change the defendant's plea or to relieve the court of any duty which the law imposed upon him. State v. Grier, 209 N.C. 298, 183 S.E. 272; State v. Merrick, 171 N.C. 788, 88 S.E. State v. Foster, 130 N.C. 666, 41 S.E. 284, 89 Am.St.Rep. 876. The immediate purpose ......
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People v. Novotny
...People v. Pye, 96 Ga.App. 685, 101 S.E.2d 609 (1957); People v. Hammond, 26 Cal.App.2d 145, 78 P.2d 1172 (1938); State v. Grier, 209 N.C. 298, 183 S.E. 272 (1936); Jones v. United States, 72 F.2d 873 (7 Cir. 1934); 9 Wigmore on Evidence (3rd ed.), Secs. 2588--2592, especially Sec. 2592; 2 J......
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State v. Lueders
... ... the verdict of the jury was rendered on an agreed statement ... of facts, and the defendant excepts to the verdict. Whether ... these "agreed facts", signed only by counsel, may ... properly be regarded as admissions binding on the defendant, ... we need not now determine. See State v. Grier, 209 ... N.C. 298, 183 S.E. 272; State v. Butler, 151 N.C ... 672, 65 S.E. 993, 25 L.R.A., N.S., 169, 19 Ann.Cas. 402; ... Turner v. Livestock Co., 179 N.C. 457, 102 S.E. 849; ... State v. Foster, 130 N.C. 666, 41 S.E. 284, 89 ... Am.St.Rep. 876; Dick v. United States, 8 Cir., 40 ... F.2d ... ...