State v. Oraine
| Decision Date | 13 April 1897 |
| Citation | 27 S.E. 72,120 N.C. 601 |
| Parties | STATE v. ORAINE. |
| Court | North Carolina Supreme Court |
Homicide—Dying Declarations—Instructions— Remarks of Counsel.
1. Declarations made in expectation of impending death are not rendered inadmissible by the fact that deceased lived for five months after making them.
2. An affidavit made by deceased to a magistrate immediately after being stabbed is admissible to corroborate his dying declarations, made on the same afternoon, though he expressed no expectation of death before making the affidavit.
3. Instructions as to self-defense are properly refused where there is no evidence that the killing was in self-defense.
4. It is not ground for reversal that the solicitor, in his argument on a trial for murder, compared defendant's conduct in boasting of having stabbed deceased, and exhibiting the bloody knife, to that of an Indian exhibiting his scalps as trophies, where the conviction was of manslaughter, and the evidence discloses a clear case of murder.
Appeal from superior court, Yancey county; Norwood, Judge.
A. J. Craine was convicted of manslaughter, and appeals. Affirmed.
The prisoner was charged with the murder of Scott Wilson, and convicted of manslaughter, and appealed from the judgment pronounced, —in the state prison, at hard labor, for 10 years. T. W. Wilson testified: The above testimony was objected to, as the dying declarations of Scott Wilson. Objection overruled, and prisoner excepted. The state offered the following affidavit: "Sworn to and subscribed before S. W. McCurrie, J. P." This affidavit was made by the deceased the day he was cut, to obtain a warrant against the prisoner for cutting him. The objection of the prisoner to its admission was overruled, and he excepted. It was in evidence that, some three or four hours after the cutting, the prisoner went to one Edwards, to get him to send him (prisoner) to Tennessee, and bragged to Edwards that deceased had run on the wrong Craine this time; pulled out his knife, showed the blood on it, saying, "Here is some of his damned blood now." On the trial the prisoner's plea was self-defense. The solicitor, in his argument to the jury, in commenting on this testimony, said that no man ever struck in self-defense, and rejoiced after it was over that he had it to do, and in this conversation compared Craine to a Comanche Indian, who exhibited his scalps as trophies of rejoicing. Prisoner's counsel objected to the...
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State v. Davis
...of the learned counsel, and have found no reason for disturbing the judgment. No error. CLARK, C. J. (concurring). In State v. Cralne, 120 N. C. 603, 27 S. E. 72, it was held, approving Smith, C. J., in State v. Grady, 83 N. C. 649, and Ruffin, C. J., in State v. Stanton, 23 N. C. 424, that......
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State v. Davis
...of the learned counsel, and have found no reason for disturbing the judgment. No error. CLARK, C.J. (concurring). In State v. Craine, 120 N.C. 603, 27 S.E. 72, it was held, approving Smith, C.J., in State v. Grady, 83 N.C. 649, and Ruffin, C.J., in State v. Stanton, 23 N.C. 424, that on an ......
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State v. Exum
...of our highest court State v. Bar field, 30 N. C. 344; State*v. Hogue, 51 N. C. 381; State v. Chavis, 80 N. C. 353; State v. Craine, 120 N. C. 601, 27 S. E. 72; State v. Byrd, 121 N. C. 684, 28 S. E. 353. And there are certain exceptions to this rule, equally well supported by authority. St......
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State v. Exum
...decisions of our highest court. State v. Barfield, 30 N.C. 344; State v. Hogue, 51 N.C. 381; State v. Chavis, 80 N.C. 353; State v. Craine, 120 N.C. 601, 27 S.E. 72; State v. Byrd, 121 N.C. 684, 28 S.E. 353. And are certain exceptions to this rule, equally well supported by authority. State......