State v. Turnage
| Decision Date | 28 February 1905 |
| Citation | 138 N.C. 566,49 S.E. 913 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. TURNAGE. |
HOMICIDE—EVIDENCE—INSTRUCTIONS.
An instruction in a homicide case that on all the evidence, if believed, defendant was guilty of manslaughter, at least, is error; a finding of innocence being authorized by defendant's testimony that he did not fire the gun; that he had it in his hand, hanging down by his side, and as he was coming out of the house it went off accidentally; that at the time he had his hand in front of the hammer; that he did not know it was loaded, and did not intentionally point it at any one; that it went off before he saw the boys, one of whom was shot; and that he and his brother had been playing, and he got the gun to continue to frolic; and there being further evidence that the gun was usually kept unloaded, and that a third person had said he loaded it that morning.
Appeal from Superior Court, Greene County; Councill, Judge.
John Turnage was convicted of manslaughter, and appeals. Reversed.
The Attorney General, for the State.
The prisoner was tried at September term, 1904, of the superior court of Greene county upon a bill of indictment charging him with the murder of James Hunt. He was convicted of manslaughter, and appeals to this court. We set out only so much of the evidence as is necessary to an understanding of the case: The evidence on the part of the state tends to show that on the day of the homicide the prisoner, then about 27 years of age; the deceased; Blaney Turnage, 19 years of age; and Dan Moore and Sam Moore—were in the yard of Mrs. Turnage. The boys had been working in tobacco, and, when it began raining, sought shelter in a ginhouse. After the rain was over, they went to Mrs. Turnage's yard, near the house, for the purpose of getting some peaches. Dan Moore and Blaney Turnage were up in the tree, gathering peaches, eating some, and dropping others down to the boys below. The boys up the tree were "chunking peaches down at the others, and John Turnage, the prisoner, threw a brickbat up the tree at Blaney Turnage, who was in the tree." The boys then left the tree and went into Mrs. Turnage's back yard. There was evidence on the part of the state tending to prove that the prisoner went around the house, and Blaney Turnage, his brother, followed him with an ax. The prisoner went in the house, and came out with a gun in his hands, with the muzzle in the direction of the deceased and his companions, James Hunt and others. Dan Moore, a state's witness, testified that he could not say The prisoner, after testifying to the occurrences at the peach tree, stated, in substance, that he and Blaney Turnage were playing, that Blaney followed him with an ax, and that they were talking and laughing. The prisoner further stated on cross-examination that: Among other things, Blaney Turnage testified for the prisoner that ...
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State v. Hovis
...1 Wharton Cr.Law, Sec. 305; State v. Williams, 231 N.C. 214, 56 S.E.2d 574; State v. Stansell, 203 N.C. 69, 164 S.E. 580; State v. Turnage, 138 N.C. 566, 49 S.E. 913. Of course, nothing said herein militates in any way against the doctrine upheld in State v. Horton, 139 N.C. 588, 51 S.E. 94......
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State v. Kluckhohn, 442
...deceased was proximately caused by the culpable negligence of the defendant. State v. Limerick, 146 N.C. 649, 61 S.E. 568; State v. Turnage, 138 N.C. 566, 49 S.E. 913; State v. Trollinger, 162 N.C. 618, 77 S.E. 957; State v. Stansell, 203 N.C. 69, 164 S.E. In the case of State v. Turnage, s......
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State v. Cope
...957; State v. Limerick, 146 N.C. 649, 61 S.E. 568; State v. Stitt, 146 N.C. 643, 61 S.E. 566, 17 L. R. A. (N. S.) 308; State v. Turnage, 138 N.C. 566, 49 S.E. 913. the court's instructions and placing them side by side with the foregoing epitome of the pertinent decisions on the subject, it......
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State v. Brooks, 74
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