State v. . Cagle

182 S.E. 697, 209 N.C. 114, 1935 N.C. LEXIS 41

• Court: Supreme Court of North Carolina
• Decided: December 11, 1935
• Status: Published

Opinion

Per Curiam.

Defendant’s motion for nonsuit was properly denied. As was said in S. v. Johnson, 184 N. C., 637: “We could not nonsuit tbe State, . . . for when there is a killing with a deadly weapon, as there was in this case, tbe law implies malice, and it is, at least, murder in second degree, and the burden then rests upon the prisoner to satisfy the jury of facts and circumstances in mitigation of or excuse for the homicide, the credibility of the evidence, and its sufficiency to produce this satisfaction being for the jury to consider and decide.”

The defendant excepted to several portions of the judge’s charge, but upon careful examination of the charge, we find it in substantial accord with the rulings of this Court. If the defendant desired fuller or more specific instruction on any point, request therefor should have been made. Simmons v. Davenport, 140 N. C., 407.

The case seems to have been fairly tried. We find

No error.