State v. . Stackhouse

Supreme Court of North Carolina

State v. . Stackhouse

67 S.E. 764, 152 N.C. 808, 1910 N.C. LEXIS 385

CourtSupreme Court of North Carolina

DecidedApril 6, 1910

StatusPublished

Cited by3 cases

This text of 67 S.E. 764 (State v. . Stackhouse) 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. . Stackhouse, 67 S.E. 764, 152 N.C. 808, 1910 N.C. LEXIS 385 (N.C. 1910).

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Opinion

Brown, J.

The prisoner was convicted of the premeditated and deliberate murder of his wife. The killing with a deadly weapon, a shotgun, was admitted. There are no exceptions to the evidence.

The only assignments of error relate to the charge of the judge upon the question of premeditation.

We have examined the entire record with the care which the importance of the case deserves, and we have weighed the well-considered argument of the learned counsel for the prisoner. We are compelled to say that we find no merit in the exceptions pressed so earnestly upon our attention. His Honor followed accurately the well-settled principles laid down by this Court in numerous cases as to what constitutes deliberation and premeditation, and we think it is needless to repeat them here. S. v. Thomas, 118 N. C., 1113; S. v. Dowden, 118 N. C., 1145; S. v. Norwood, 115 N. C., 790; S. v. Covington, 117 N. C., 834; S. v. McCormac, 116 N. C., 1033.

It is true, the provocation which led to the crime was such that it induced the jury to attach to their verdict a recommendation for mercy. That is'4 a matter for the consideration of the Chief Executive of the State.

In the rulings of the court below we find

No error.

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Brown, J.

The prisoner was convicted of the premeditated and deliberate murder of his wife. The killing with a deadly weapon, a shotgun, was admitted. There are no exceptions to the evidence.

The only assignments of error relate to the charge of the judge upon the question of premeditation.

We have examined the entire record with the care which the importance of the case deserves, and we have weighed the well-considered argument of the learned counsel for the prisoner. We are compelled to say that we find no merit in the exceptions pressed so earnestly upon our attention. His Honor followed accurately the well-settled principles laid down by this Court in numerous cases as to what constitutes deliberation and premeditation, and we think it is needless to repeat them here. S. v. Thomas, 118 N. C., 1113; S. v. Dowden, 118 N. C., 1145; S. v. Norwood, 115 N. C., 790; S. v. Covington, 117 N. C., 834; S. v. McCormac, 116 N. C., 1033.

It is true, the provocation which led to the crime was such that it induced the jury to attach to their verdict a recommendation for mercy. That is'4 a matter for the consideration of the Chief Executive of the State.

In the rulings of the court below we find

No error.

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Bluebook (online)

67 S.E. 764, 152 N.C. 808, 1910 N.C. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stackhouse-nc-1910.

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