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223 N.C. 561

27 S.E.2d 441

State v. . Redfern

Supreme Court of North Carolina

Decided November 10, 1943

Supreme Court of North Carolina · decided 1943-11-10

Cited by 6 later decisions — most recently March 1973

4 state decisions

Key passage — most relied on by later courts

“If you find from the evidence and beyond a reasonable doubt that the defendant William Barrow intentionally killed the deceased with a deadly weapon, and the Court instructs you that the shotgun described in evidence in this case is a deadly weapon, the law raises two presumptions against the defendant. First, that the killing is unlawful, and, second, that it was done with malice, and an unlawful killing with malice is murder in the second degree, and the defendant would be guilty of murder in the second degree unless he can satisfy you, the jury, of the truth or fact which justifies his act or mitigates it to manslaughter. The burden in that event would be on the defendant to establish such facts to the satisfaction of you, the jury; now, not beyond a reasonable doubt, nor by the greater weight of the evidence, but to the satisfaction of the jury, unless they arise out of the evidence against him; that is, if he would rebut the presumption arising from such showing, he must establish to the satisfaction of the jury the legal provocation which will take from the crime the element of malice and thus reduce it to manslaughter or which will excuse it altogether on the grounds of self-defense, and this, ladies and gentlemen, may arise out of the evidence offered against him.”

quoted by 1 later decision, including State v. Barrow

Good law ✅— No negative treatment on recordhow we know

Decided 1943-11-10

View the full empirical analysis of this case →

DenNY, J.

¶1 The defendant’s first exception is to the following portion of his Honor’s charge: “You will remember what he said about that, and he asked him why did he want to shoot him and he said because he-was afraid he would shoot him, so the State says you ought to scrutinize the evidence of the defendant because of his interest in the outcome of' your verdict in this case; that you ought to be satisfied and beyond a. *562 reasonable doubt that the defendant is guilty of the crime of murder in the first degree and that you ought to so find.”

¶2 The defendant contends that in giving one of the contentions of the State, to wit, that the jury ought to scrutinize the evidence of the defendant because of his interest in the outcome of the verdict, the Court committed prejudicial error by omitting to add that after they had scrutinized the evidence of the defendant if they found it worthy of belief it would be their duty to give to the defendant’s evidence the same weight and credibility of that of any disinterested witness.

¶3 This exception cannot be sustained, since the Court, in connection with the explanation and declaration of the law arising on the facts, gave the correct instruction relative to the weight and credibility to be given the testimony of interested witnesses and parties testifying in their own behalf. On this question his Honor charged: “. . . In determining the weight to be given to the testimony of the witnesses you are authorized and it is your duty to consider the relationship of the witnesses to the party, if any is shown, their interest, if any, in the result of the action, their prejudice or bias, if any exists, and taking into consideration such relationship, interest, bias or prejudice in determining what weight you will give to their testimony, but the court charges you that if, after such consideration you find that such witnesses have testified -truthfully it will be your duty to give to the testimony of such witness the same weight and credit that you would give to any disinterested or unbiased witness.”

¶4 Since the charge should be considered contextually. S. v. Hairston, 222 N. C., 455, 23 S. E. (2d), 885; S. v. Manning, 221 N. C., 70, 18 S. E. (2d), 821; S. v. Shepherd, 220 N. C., 377, 17 S. E. (2d), 469; S. v. Henderson, 218 N. C., 513, 11 S. E. (2d), 462; S. v. Smith, 217 N. C., 591, 9 S. E. (2d), 9, it is not essential that the court should charge the* jury as to the law in connection with each contention of the parties. In fact, the better rule or practice is for the court to give (1) a summary or recapitulation of the evidence; (2) a statement of the contentions of the parties; and (3) an explanation and declaration of the law arising on the facts.

¶5 We have carefully examined the other exceptions and they cannot be sustained.

¶6 In the trial below, we find

¶7 No error.

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