State v. . Godwin

182 S.E. 693, 209 N.C. 60, 1935 N.C. LEXIS 29

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

Opinion

Stacy, C. J.

The evidence on behalf of the State tends to show that on the night of 23 July, 1933, as a result of a quarrel over a girl at a Negro dance hall and cafe, situate on the road between Aberdeen and Southern Pines, the defendant Oba Godwin shot and killed the deceased under circumstances which the jury found to be murder in the second degree.

The plea interposed by the said defendant was that of self-defense. S. v. Bryson, 200 N. C., 50, 156 S. E., 143; S. v. Glenn, 198 N. C., 79, 150 S. E., 663; S. v. Dills, 196 N. C., 457, 146 S. E., 1. The issue of guilt or innocence is sharply joined on the record. The jury alone could determine it. S. v. Lawson, ante, 59; S. v. Anderson, 208 N. C., 771.

The trial is free from reversible error, hence the verdict and judgment must be upheld.

No error.