State v. Jones

• Decision Date: 10 September 1924
• Docket Number: 1.
• Citation: 124 S.E. 121,188 N.C. 142
• Parties: STATE v. JONES.
• Court: North Carolina Supreme Court

124 S.E. 121

188 N.C. 142

STATE v. JONES.

No. 1.

Supreme Court of North Carolina

September 10, 1924

Appeal from Superior Court, Pasquotank County; Devin, Judge.

A. E Jones was convicted of manslaughter, and he appeals. Affirmed.

The cause was submitted on the question of murder in the second degree, of manslaughter, or excusable homicide under a claim of self-defense. Defendant was convicted of manslaughter, and sentenced to the state prison for a term not less than two nor more than five years, from which said judgment defendant appeals, assigning errors.

110k1038.1(7) Time For, and Form Of, Objection.

In general, objection to charge stating contention of state should be made at some appropriate time during trial, and is never available when presented for first time after verdict.

Instruction that, if defendant struck deceased with a club or stick, and inflicted wound and fractured skull, from which deceased thereafter died, and if this was done intentionally and voluntarily, then, nothing else appearing, he would be guilty of second degree murder, and defendant must then prove mitigating or excusing facts, held proper.

W. I Halstead, of South Mills, and W. L. Cohoon and Aydlett & Simpson, of Elizabeth City, for appellant.

J. S Manning, Atty. Gen., Frank Nash, Asst. Atty. Gen., and Ehringhaus & Hall, of Elizabeth City, for the State.

HOKE C.J.

There was evidence on the part of the state tending to show that deceased had been and was in the employ of the prisoner, and on the evening of December 20, 1923, about 6 o'clock, the deceased went to the home of the prisoner and, being in the house, asked for the money due him and another employee which was given him; that the prisoner then reproached deceased about getting too late to his work, and an altercation then ensued, whereupon prisoner ordered deceased from his premises; the latter replied that he would go, and turned to leave, going out of the fence and gate which inclosed the yard and home proper, and out of a second gate into an opening which led to the state highway; that the prisoner pursued him into this outer space, struck him a blow on the head with a large stick, which felled him to the ground, and from the effects of which, after lingering, he died three days later.

There was evidence from the prisoner tending to show that the deceased was a man who easily became enraged, and when aroused was much given to violence; that on this occasion having become angered, he was very abusive, and prisoner ordered him off; that he turned to go, and prisoner following, to see that he left the premises, when they had passed the outer gate, the deceased turned on the prisoner with a knife, and the latter struck the...