Yadkin County NcArchives Court.....William Gadberry, State V. 1895 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Connie Ardrey n/a January 11, 2010, 9:03 am Source: Nc Reports Written: 1895 State v. William Gadberry September Term, 1895 1. Under the Act of 1898, Sections 1, 2 and 3 of Chapter 85, Acts of 1893, it is made the duty of the jury alone to determine in their verdict whether the crime is murder in the first or second degree; hence, 2. Where, on a trial of one charged with murder, although the defendant introduced no evidence and all the evidence for the State tended to show only murder in the first degree, it was error to instruct the jury that, if they believed the evidence, they should find the defendant guilty of murder in the first degree. Indictment for murder, tried at Spring Term, 1895, of Yadkin Superior Court, before Brown, J., and a jury. All the evidence for the Stat tended to show murder in the first degree. The facts, showing the character of the homicide, appear in the opinions of the Court and in the dissenting opinions. There are no exceptions to the evidence. The court instructed the jury, after reciting all the evidence, that, if they believed the evidence to be true beyond a reasonable doubt, the prisoner was guilty of murder in the first degree. The court explained to the jury the degrees of murder, and also stated that the credibility of the evidence was a question peculiarly for the jury, and that in a case of this importance for the jury should exercise great care and weigh the evidence well, and be fully convinced of its truth before convicting. The defendant was convicted and appealed, assigning as error the instruction of the court that, if the jury believed the evidence, the defendant was guilty of murder in the first degree. The Attorney General, for the State Mar. A. E. Holton, for the defendant (appellant) [NC Supreme Court] Furches, J.: I concur fully in the conclusion of the Court... Clark, J. (dissenting): they should find the prisoner guilty of murder in the first degree and of no lesser offence. Montgomery, J. (dissenting): I think there was no error in the charge. No Error File at: http://files.usgwarchives.net/nc/yadkin/court/williamg1286wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 2.5 Kb