State v. . Baker

26 S.E. 1007, 119 N.C. 912

• Court: Supreme Court of North Carolina
• Decided: September 5, 1896
• Status: Published

Opinion

MONTGOMERY, J.:

The case on appeal is signed neither by the judge nor by counsel. There were no exceptions made to the charge of the court. Special instructions were asked by the defendants, but it does not appear whether they were given or refused. Only two objections were made to evidence, and they wore properly overruled by the court. The defendants were convicted of manslaughter (though charged with murder) and each one of them sentenced to serve a term of fifteen years in the State’s prison. There was a motion made for a new trial, but on what grounds does not appear, and from the overruling of the motion by his honor an appeal was prayed and allowed.

Notwithstanding the irregularities in the making up of the case on appeal, if it may be so called, we have, on account of the seriousness of the judgment, examined the case. The trial was fair, the charge of his honor full and just, covering every phase of the case.

It would seem from the reading of the testimony in this case that the defendants should be forever grateful to the jury for the verdict of manslaughter, that is, if they regard a not very long term in the penitentiary as preferable to capital punishment. There is no error, and the judgment below is affirmed.

Affirmed.