State v. Robinson

• Decision Date: 04 May 1921
• Docket Number: 405.
• Citation: 107 S.E. 131,181 N.C. 552
• Parties: STATE v. ROBINSON.
• Court: North Carolina Supreme Court

107 S.E. 131

181 N.C. 552

STATE v. ROBINSON.

No. 405.

Supreme Court of North Carolina

May 4, 1921

Appeal from Superior Court, Union County; J. Bis Ray, Judge.

Lucius Robinson was indicted for murder. In proper time the solicitor announced that a verdict of murder in the first degree would not be insisted on, and the cause was submitted to the jury as to the lesser offenses included in the charge. Defendant was convicted of manslaughter, and appeals. Reversed and new trial granted.

In a prosecution for manslaughter, evidence sought to be elicited from defendant as to whether, at the time he fired at deceased he believed the latter was about to shoot him should have been received as tending to establish self-defense, where there was evidence that deceased drew his pistol and threatened to kill defendant.

In a prosecution for manslaughter, evidence as to whether at the time he fired defendant believed the deceased was about to shoot him was admissible as bearing on the issue whether or not defendant entered the fight willingly, or had abandoned or signified his purpose to abandon the same before the killing, where there was evidence that defendant, after quarreling with deceased, left him, and deceased overtook him, drew his pistol, and threatened to kill him.

Vann & Milliken, of Monroe, and Williams & Stewart, of Lancaster, S C., for appellant.

James S. Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

HOKE J.

There were facts in evidence for the state tending to show that on October 22, 1920, the defendant, Lucius Robinson, his brothers, Noah and Fred, and two nephews, John and Martin Robinson, were going to Monroe, N. C., in a Ford automobile that Noah Robinson, the deceased, and defendant began a quarrel in the car; that Lucius got on the ground and "after the word 'damn' was used," commenced firing, inflicting on Noah a mortal wound, from which he died some time that night.

There was other testimony to the effect that the five men were going to Monroe in the automobile, and Fred, one of the brothers, became sick and it was decided best to return; that Lucius wished to go on and got out of the car and after some angry words between him and Noah, the deceased, defendant started walking to Monroe; that, wishing to induce Lucius to go back with them, John, who was driving, turned the car and backed it up the road after Lucius. Passing him about three steps, Noah, the deceased, said to Lucius, "g_____d_____ you, get in this car and go home." Lucius made no effort to get in, and Noah drew his pistol and said, "Damn you I will kill you if you are the last bro...