State v. . Jones

68 N.C. 443

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Reade, J.

There was no exception to the charge of his Honor, which was clear, and in all respects just to the prisoner. And the record proper is sufficient in form and sub stance. The only point made was as to the competency of the opinion of the physician who was examined for the State, as to the cause of the death of the deceased, and of his posture and position at the time he was shot. It was not denied that the opinion was competent as to the cause of death, but it was insisted that it was incompetent as to the posture and position. We suppose an expert might express ■an. opinion of the posture and position from the range of the shot, and other circumstances; but, however that may he, it was in this case wholly immaterial and could not have done the prisoner injustice; and therefore it is no ground for •a venire, de novo.

There is no error.

This will be certified.

Per Curiam.

Judgment affirmed.