State v. . Keeter

Supreme Court of North Carolina

State v. . Keeter

174 S.E. 298, 206 N.C. 482, 1934 N.C. LEXIS 223

CourtSupreme Court of North Carolina

DecidedMay 2, 1934

StatusPublished

Cited by3 cases

This text of 174 S.E. 298 (State v. . Keeter) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Keeter, 174 S.E. 298, 206 N.C. 482, 1934 N.C. LEXIS 223 (N.C. 1934).

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Opinion

*483 Stacy, 0. J.

The record discloses that on 3 January, 1934, the defendant shot and killed Nick Neos on a public street in the city of Charlotte, under circumstances which rendered the homicide unlawful. The two were rival suitors, and it seems that the deceased had outdistanced the defendant in the affections of the woman in the case. They chanced to meet upon the street.

According to the State’s evidence, the killing amounted to an unprovoked murder. The strongest exculpatory evidence is that of the defendant who testified that he shot the deceased “to get him loose from me. ... I didn’t intend to take his life.” The defendant shot, not once, but twice. The deceased was unarmed. The evidence is conflicting as to who brought on the difficulty, but, at no time, did the defendant apprehend that he was in danger of losing his life or sustaining great bodily injury. He used excessive force to repel the assault, even if the deceased were the aggressor, which is denied by the State’s evidence. S. v. Cox, 153 N. C., 638, 69 S. E., 419; S. v. Robinson, 188 N. C., 784, 125 S. E., 617.

As the defendant is guilty of at least manslaughter on his own statement, it is not worth while to consider his exceptions seriatim. Any error committed on the trial was harmless or cured by the verdict.

No error.

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*483 Stacy, 0. J.

The record discloses that on 3 January, 1934, the defendant shot and killed Nick Neos on a public street in the city of Charlotte, under circumstances which rendered the homicide unlawful. The two were rival suitors, and it seems that the deceased had outdistanced the defendant in the affections of the woman in the case. They chanced to meet upon the street.

According to the State’s evidence, the killing amounted to an unprovoked murder. The strongest exculpatory evidence is that of the defendant who testified that he shot the deceased “to get him loose from me. ... I didn’t intend to take his life.” The defendant shot, not once, but twice. The deceased was unarmed. The evidence is conflicting as to who brought on the difficulty, but, at no time, did the defendant apprehend that he was in danger of losing his life or sustaining great bodily injury. He used excessive force to repel the assault, even if the deceased were the aggressor, which is denied by the State’s evidence. S. v. Cox, 153 N. C., 638, 69 S. E., 419; S. v. Robinson, 188 N. C., 784, 125 S. E., 617.

As the defendant is guilty of at least manslaughter on his own statement, it is not worth while to consider his exceptions seriatim. Any error committed on the trial was harmless or cured by the verdict.

No error.

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Bluebook (online)

174 S.E. 298, 206 N.C. 482, 1934 N.C. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-keeter-nc-1934.

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