Guilford County NcArchives Court.....Samuel Lucas, State V. 1899
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 13, 2011, 9:24 pm

Source: N C Reports
Written: 1899

State v. Samuel Lucas

(Decided May 2, 1899)

Murder - Degrees - State Witnesses - Charge - Verdict - Practice

1. The State Solicitor will not be required to place all the State witnesses, 
sworn in the case, upon the witness stand for examination. He will be allowed 
to manage the case in his own way, so that he observes the law and rules of 
practice.

2. Where the verdict, as rendered by the foreman, was "Guilty of murder," it 
was proper for the Judge to ask, whether they found the prisoner guilty of 
murder in the first or second degree, and upon the foreman, responding, "In 
the first degree," for the Clerk to ask, "So say you all?" and upon their 
response in the affirmative, to record their verdict accordingly.

3. Where there is no evidence in the case making the killing manslaughter, it 
is proper for the Judge to so instruct the jury, and it would have been 
useless and out of place to have charged the jury upon a proposition of law 
that there was no evidence to sustain.

4. Where the killing with a deadly weapon is shown and admitted, and there is 
no evidence tending to show anything in extenuation or excuse, it is proper 
for the Court to instruct the jury, that the only question for them was, 
whether it was murder in the first or second degree.

Indictment for Murder, tried before Timberlake, J., at August Term, 1898, of 
Guilford Superior Court.

The prisoner was indicted for the murder of Henry Wood, whom he shot and 
killed at Greensboro, NC, as was admitted.

The evidence on the part of the State is succinctly stated in the opinion. It 
was admitted without objection. The defendant introduced no evidence.

In the course of his charge, his Honor instructed the jury: Where the killing 
with a deadly weapon is established or admitted, as the defendant has done in 
this case, the law presumes it was murder in the second degree, and imposes on 
the defendant the burden of reducing the crime to manslaughter or excusable 
homicide - and imposes on the State the burden of elevating the homicide to 
the higher crime of murder in the first degree.

In this case the Court charges you as a matter of law, that there is no 
evidence which would sustain a verdict of excusable homicide or manslaughter, 
and that your verdict must be murder in the first degree, or murder in the 
second degree.

Defendant excepted.

There were exceptions taken to the conduct of the cause, to the Court not 
requiring the Solicitor to examine all the State witnesses, and to the manner 
of taking the verdict, which are adverted to in the opinion.

The verdict, as recorded, was: Guilty of murder, and in the first degree.

There was sentence of death, and prisoner appealed.

Zeb. V. Walser, Attorney General, for the State
No counsel contra

NC Supreme Court Justice Furches, J. - As this is an issue of life or death, 
we have carefully examined all the exceptions and assignments of error in the 
case, and find no error. The judgment of the Court below must be affirmed. 
(see court case for judge's full finding)

Affirmed.

Additional Comments:
In the NC Supreme Court February Term 1899

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