State v. Matthews, 513
Decision Date | 25 November 1964 |
Docket Number | No. 513,513 |
Citation | 138 S.E.2d 819,263 N.C. 95 |
Parties | STATE of North Carolina v. Barbara Ann MATTHEWS. |
Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Richard T. Sanders, for the State.
Morgan, Byerly, Post, Van Anda & Keziah, High Point, for defendant.
Defendant assigns as error the following portion of the charge on her right of self-defense:
The substance of this charge was held to be reversible error in State v. Prince, 223 N.C. 392, 26 S.E.2d 875, wherein this Court laid down the correct rule as follows.
'The intensity of the proof required is that the jury must be satisfied. Even proof by the greater weight of the evidence may be sufficient to satisfy the jury. Hence, the correct rule as to the intensity of such proof is that when the intentional killing of a human being with a deadly weapon is admitted, or is established by the evidence, Id. at 393, 26 S.E.2d at 876.
His Honor's charge bore too heavily against defendant. Therefore, there must be a
New trial.
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State v. Phillips, 745
...accident, or misadventure.' Id. 183 N.C. at 799, 111 S.E. at 871. (Citations omitted; emphasis ours.) E. g., State v. Matthews, 263 N.C. 95, 138 S.E.2d 819; State v. Wagoner, supra; State v. Burrage, supra; State v. Howell, 218 N.C. 280, 10 S.E.2d 815; State v. Keaton, supra. In these cases......
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State v. Freeman, 14
...practically identical language have been held to be prejudicial error in State v. Fowler, 268 N.C. 430, 150 S.E.2d 731; State v. Matthews, 263 N.C. 95, 138 S.E.2d 819; State v. Prince, 223 N.C. 392, 26 S.E.2d 875, and also in State v. Calloway, 1 N.C.App. 150, 160 S.E.2d 501. These cases en......
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State v. Fowler, 333
...of self-defense, * * *." This decision has been approved and upheld by the Court in the recent Per curiam decision in State v. Matthews, 263 N.C. 95, 138 S.E.2d 819. The assignments of error herein discussed are meritorious and are clearly sustained by the decisions of this We deem any disc......
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State v. Calloway, 68SC74
...words as the last paragraph of the foregoing instruction was disapproved in a Per curiam opinion by our Supreme Court in State v. Matthews, 263 N.C. 95, 138 S.E.2d 819. Nevertheless, the Attorney General strenuously urges that a consideration of the entire portion of the instructions as set......