State v. Mccormack
| Decision Date | 07 May 1895 |
| Citation | 21 S.E. 693,116 N.C. 1033 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. McCORMACK. |
Murder in the First Degree — Premeditation.
1. In a prosecution for murder in the first degree, where it appeared: That defendant had gone to the house of deceased in the evening, armed; had, in conversation with deceased, shown two pistols; had remained until 2 o'clock, when the deceased was shot. That there was no quarrel immediately before the shooting. That when he fired he said, "I guess that will do you, " laid one of his pistols beside deceased, and remarked, "I reckon you will let me alone now, "— it is not error to submit the question of defendant's guilt of murder in the first degree to the jury.
2. If the purpose to kill has been deliberately formed, the interval which elapses before its execution is immaterial.
Appeal from superior court, Robeson county; Brown, Judge.
John B. McCormack was convicted of murder, and appeals. Affirmed.
French & Norment and Herbert McClammy, for appellant.
The Attorney General, for the State.
It is not essential that the prosecution, in order to show prima facie premeditation and deliberation on the part of a prisoner charged with murder in the first degree, should offer testimony tending to prove a preconceived purpose to kill, formed at a time anterior to the meeting when it was carried into execution. "In order to conviction of murder in the first degree [said this court in State v. Norwood, 115 N. C. 793, 20 S. E. 712], as the judge below properly instructed the jury, it is necessary that the state should show that the prisoner deliberately determined to take the child's life by putting the pins into its mouth, and thereupon (it being immaterial how soon after resolving to do so) carried her purpose of so using the pins into execution, and thereby caused death." It must have appeared, in some aspect of the evidence, that the accused deliberately determined to kill the prisoner before inflicting the wound, in order to warrant the judge in submitting the question of his guilt on the charge of murder in the first degree to the jury. If the witnesses testified to the truth of facts and circumstances tending to show that while they were together on the occasion when thehomicide occurred, or even during the conversation which terminated in the shooting, the prisoner, upon sufficient deliberation to make it a fixed and definite determination, formed the purpose to shoot and kill the deceased, it was the duty of the court to allow the jury to pass upon the issue of guilt or innocence of murder in the first degree. There was, we think, testimony tending to show that the shooting was done after premeditation and deliberation. The prisoner had gone to the house where the deceased, his brothers, and others were, during the evening, and had remained talking, either to the deceased alone, or to the others with him, till 12...
To continue reading
Request your trial
- State v. Newsome
-
State v. Steele
... ... 684, 78 S.E. 316; State v ... Fogleman, 164 N.C. 461, 79 S.E. 879; State v ... Cameron, 166 N.C. 384, 81 S.E. 748; Ferebee v. R ... R., 167 N.C. 297, 83 S.E. 360; Barefoot v. Lee, ... 168 N.C. 90, 83 S.E. 247; Nevins v. Hughes, 168 N.C ... 478, 84 S.E. 769; Ball v. McCormack, 172 N.C. 682, ... 90 S.E. 916; State v. Johnson, 172 N.C. 925, 90 S.E ... 426; State v. Burton, 172 N.C. 942, 90 S.E. 561; ... State v. Martin, 173 N.C. 808, 92 S.E. 597; Muse ... v. Motor Co., 175 N.C. 471, 95 S.E. 900; Mfg. Co. v ... Building Co., 177 N.C. 106, 97 S.E. 718; Bradley v ... ...
- State v. Graham
- State v. Hammonds