State v. Honeycutt
| Citation | 108 S.E.2d 485,250 N.C. 229 |
| Decision Date | 29 April 1959 |
| Docket Number | No. 505,505 |
| Parties | STATE, v. Tillman Lavon HONEYCUTT. |
| Court | United States State Supreme Court of North Carolina |
Atty. Gen. Malcolm B. Seawell, Asst. Atty. Gen. Harry W. McGalliard, for the State.
Robert M. Davis, George R. Uzzell, Salisbury, for defendant.
The defendant's sole assignment of error is to the refusal of the court below to sustain his motion for judgment as of nonsuit at the close of all the evidence.
There is no evidence on this record that tends to show the defendant intentionally pointed the gun in the direction of the deceased, as was the case in State v. Head, 214 N.C. 700, 200 S.E. 415.
In the case of State v. Satterfield, 198 N.C. 682, 153 S.E. 155, 156, in speaking of involuntary manslaughter, this Court said:
In our opinion, the evidence adduced in the trial below tends to show an accidental shooting; there is no evidence that the gun was intentionally discharged or that it was handled so recklessly as to constitute culpable negligence. State v. Cope, 204 N.C. 28, 167 S.E. 456; State v. Watts, 224 N.C. 771, 32 S.E.2d 348; State v. Robinson, 229 N.C. 647, 50 S.E.2d 740; State v. Tolbert, 240 N.C. 445, 82 S.E.2d 201; State v. Becker, 241 N.C. 321, 85 S.E.2d 327; State v. Hancock, 248 N.C. 432, 103 S.E.2d 491.
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State v. Wilkerson
...and deliberation, And without intention to kill or inflict serious bodily injury. State v. Foust, supra; State v. Honeycutt, 250 N.C. 229, 108 S.E.2d 485 (1959); State v. Satterfield, 198 N.C. 682, 153 S.E. 155 Justice, now Chief Justice, Sharp pointed out in her dissent in Wrenn that the d......
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State v. Concepcion
...criminal culpability. 2 See, e.g., Parker v. State, 318 So.2d 502 (Fla.App.1975), cert. denied, 330 So.2d 21 (1976); State v. Honeycutt, 250 N.C. 229, 108 S.E.2d 485 (1959); State v. Robinson, 229 N.C. 647, 50 S.E.2d 740 (1948) (victim survived, court reversed defendant's conviction for ass......
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State v. Phillips, 745
...State v. Foust, 258 N.C. 453, 459, 128 S.E.2d 889, 893; accord, State v. Brooks, 260 N.C. 186, 132 S.E.2d 354; State v. Honeycutt, 250 N.C. 229, 108 S.E.2d 485; State v. Kluckhohn, 243 N.C. 306, 90 S.E.2d 768; State v. Trollinger, 162 N.C. 618, 77 S.E. 957; State v. Limerick, 146 N.C. 649, ......
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State v. Cates, 14
...act in a culpably negligent way; or from the culpable omission to perform some legal duty. State v. Rummage, supra; State v. Honeycutt, 250 N.C. 229, 108 S.E.2d 485 (1959). Premeditation may be defined as thought beforehand for some length of time. " 'Deliberation means . . . an intention t......