State v. Jones

Decision Date30 June 1878
Citation79 N.C. 630
CourtNorth Carolina Supreme Court
PartiesSTATE v. ROBERT JONES.

OPINION TEXT STARTS HERE

INDICTMENT for Murder tried at January Special Term, 1878, of EDGECOMBE Superior Court, before Henry, J.

The prisoner was charged with the killing of Rudolph Eaton, which took place near the town of Rocky Mount, in Edgecombe county, and the facts upon which a new trial was granted by this Court are sufficiently stated in its opinion. There was a verdict of guilty of murder. Judgment. Appeal by the prisoner.

Attorney General, for the State .

Mr. Fred Phillips, for the prisoner .

FAIRCLOTH, J.

The case certified by His Honor consists of the evidence taken at the trial and his rulings on certain requests of the prisoner's counsel. The defendant offered no evidence, and the State introduced no evidence tending to connect the prisoner with the homicide except his confessions. The evidence discloses that on the night of the 25th of December, 1877, there was a festival near the ware house, which was 250 or 300 yards from Gay's shelter where the deceased was found. The confessions of the defendant made to Alice and Isaac Sessoms were as follows: He had been to the “festival near the new ware house, a white man had collared him at the festival.” At another time he said he had been drinking and fighting--had been to the festival and fighting a man near the new ware house--the man had been imposing on him, had slapped him on the shoulder and put his hands in his collar.” Again he had been fighting the man near Gay's shelter and had struck him three licks, and he had been fighting (severely) at Gay's corner.” Dr. Powell testified that the deceased was stricken while lying down, and only one blow. His Honor charged the jury that one of the theories of the State was that the fight began at the festival and ended at Gay's, but the State had not insisted on this theory, meaning if we understand it, that the State abandoned this view after the evidence was developed. He was requested by prisoner's counsel to charge the jury that under that theory they might render a verdict of manslaughter. This was refused and the prisoner excepted. This was plainly error. The evidence, that is the confessions if made as testified and were true, and not controlled by any other evidence, indicated a case of manslaughter, or something better for the defendant. It was the province of the jury to say how it was, and it was the right of the prisoner to have his case submitted to the...

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17 cases
  • State v. Newsome
    • United States
    • North Carolina Supreme Court
    • May 9, 1928
    ...N.C. 659, 57 S.E. 340; State v. White, 138 N.C. 704, 51 S.E. 44; State v. Foster, 130 N.C. 666, 41 S.E. 284, 89 Am. St. Rep. 876; State v. Jones, 79 N.C. 630. the record in the light of these decisions and the principle they illustrate, I am convinced that there was error to the prejudice o......
  • State v. Fowler
    • United States
    • North Carolina Supreme Court
    • May 25, 1949
    ... ... that the two statements were made or elicited in the same ... conversation. Moreover, the right of the confessor to have ... his confession considered as given, in its entirety, with ... whatever views or theories it affords, State v ... Jones, 79 N.C. 630, may not extend to the prosecution, ... for if the part pertaining to the crime charged can be ... separated from the part relating to other offenses, only the ... part material to the inquiry should be received in evidence ... under the rule. People v. Loomis, 178 N.Y. 400, 70 ... ...
  • State v. Wilson
    • United States
    • North Carolina Supreme Court
    • December 15, 2023
    ... ... Id ...          The ... parties focus on Mr. Wilson's specific intent to commit ... the underlying felony. For as this Court has explained, the ... intent element is central to felony murder. See State v ... Jones, 353 N.C. 159, 166-69 (2000). A defendant ... "must be purposely resolved to commit" the ... predicate felony "to be held accountable for unlawful ... killings that occur during the crime's commission." ... Id. at 167; see also id. ("[T]he ... actual intent to ... ...
  • State v. Merrick
    • United States
    • North Carolina Supreme Court
    • April 12, 1916
    ...57 S.E. 340; State v. White, 138 N.C. 704-715, 51 S.E. 44; State v. Foster, 130 N.C. 666-673, 41 S.E. 284, 89 Am. St. Rep. 876; State v. Jones, 79 N.C. 630; State v. Matthews, 148 Mo. 185, 49 S.W. 1085, 71 St. Rep. 594; Baker v. People, 40 Mich. 411. In Kendall's Case, supra, it was held: "......
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