State v. Rose
| Decision Date | 20 December 1901 |
| Citation | 40 S.E. 83,129 N.C. 575 |
| Parties | STATE v. ROSE. |
| Court | North Carolina Supreme Court |
Appeal from superior court, Wilson county; Timberlake, Judge.
John H Rose was convicted of murder, and appeals. Affirmed.
In a prosecution for murder, evidence that defendant had threatened to kill deceased "if he caught him messing around his still," and that, "if he caught him on his side of the road, he would kill him," was properly admitted as tending to show threats and motive.
D Worthington and S. G. Mewborn, for appellant.
Brown Shepherd, for the State.
The prisoner is convicted of the murder of Thomas Farmer. There was evidence that the prisoner had threatened to kill the deceased "if he caught him messing around his still"; that, "if he caught him on his side the road, he would kill him before he got back." The witness further stated, over objection and exception by prisoner that the still was a blockade still, and that the revenue officers came and took it; that he had heard prisoner say that the revenue officers got it, and that the deceased was the one who had reported the still to them. This evidence was competent, as tending to show threats and motive.
Bennett Wheeler testified that he and the deceased were riding along the road in a buggy, when they were shot from ambush from the left side of the road; that Farmer, who was on that side of the buggy, was killed, and witness was shot in the knee breast, arm, and face; that he looked up, and saw the prisoner run through the woods with a gun in his hand; that later he went back to the place and pointed out to others where he saw the man run. There was corroborative evidence as to the condition of the spot,--that from the stump one could see to fire at men in the buggy, a place having been cleared out by cutting down the bush; that a man running as described by witness could be seen from the place where he said he stood after getting out of the buggy; that this had been proved by actual experiment; that, standing where Wheeler said he stood, a man raising up from behind the stump could be seen and recognized; that the prisoner had that day tried to buy "double B" shot,--such as were found embedded in the buggy; that he was seen not far off that afternoon; and the like. One of the witnesses for the...
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Goodman v. Goodman
...discretion, is not reviewable. Bird v. Bradburn, 131 N.C. 488, 42 S.E. 936; State v. Hancock, 151 N.C. 699, 66 S.E. 137; State v. Rose, 129 N.C. 575, 40 S.E. 83. In Edwards v. Phifer, 120 N.C. 405, 27 S.E. 79, it was said: "No principle is more fully settled than that this court will not in......
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State v. Spivey
...or of manslaughter. The evidence, if believed, would warrant only a verdict of guilty of murder in the first degree." In State v. Rose, 129 N.C. 575, 40 S.E. 83, deceased was shot and killed by the prisoner from ambush, as the deceased and a friend were riding along a road in a buggy. The t......
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State v. Miller
... ... and some of which were known to the deceased, during the time ... that intervened between their meeting and the commission of ... the homicide. State v. Goff, 117 N.C. 756, 23 S.E ... 355; State v ... [116 S.E. 418] ... Rose, 129 N.C. 575, 40 S.E. 83; State v ... Wilcox, 132 N.C. 1143, 44 S.E. 625 ... Exceptions ... 2, 3: Arthur Sutton testified that, after going in search of ... the officer, he returned to the scene of the homicide and ... examined the body of the deceased, not very closely, ... ...
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State v. Allen
... ... above evidence was offered to show that ill feeling had ... existed between the defendant and deceased for two or three ... years prior to the killing of the deceased by defendant. The ... evidence was competent as tending to show threats and motive; ... but, as stated in State v. Rose, 129 N.C. 575, 40 ... S.E. 83, the weight to be given the evidence was a matter ... solely for the determination of the jury. However, we think ... in this case, as in State v. Merrick, 172 N.C. 870, ... 90 S.E. 257, 259, "the declarations here made, ... especially in view of the immediate ... ...