State v. . Bailey

171 S.E. 81, 205 N.C. 255, 1933 N.C. LEXIS 523

• Court: Supreme Court of North Carolina
• Decided: October 11, 1933
• Status: Published

Opinion

Stacy, C. J.

Proof or admission of an intentional killing with a deadly weapon raises two presumptions against tbe killer: first, that tbe killing was unlawful; and, second, that it was done with malice. This is murder in tbe second degree. S. v. Robinson, 188 N. C., 784, 125 S. E., 617.

Upon these presumptions tbe jury was justified in rendering tbe verdict it did in tbe instant case. Tbe defendants can only regret that their pleas of self-defense were not proved to tbe satisfaction of tbe twelve. S. v. Willis, 63 N. C., 26.

Tbe principles applicable to an unintentional killing, or homicide by misadventure, discussed in S. v. Gregory, 203 N. C., 528, 166 S. E., 387, do not arise on tbe present record.

Tbe exceptions discussed on brief piresent no new question of law or one not heretofore settled by a number of decisions. In no view of tbe case could tbe demurrers to tbe evidence have been sustained; and tbe testimony relative to tbe fight earlier in tbe evening was helpful to tbe defendants on their pleas of self-defense. Indeed, so far as tbe deceased was concerned, tbe fight did not end until be was killed. With him, tbe fatal encounter was but a continuation of tbe original altercation. S. v. Bryson, 203 N. C., 728, 166 S. E., 897.

The charge taken as a whole is free from reversible error. Tbe verdict and judgment will be upheld.

No error.