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51 N.C. 366

State v. . Starling

Supreme Court of North Carolina

Decided June 5, 1859

Supreme Court of North Carolina · decided 1859-06-05

I^diotmeNT for the murder of one Sally Cotton, tried before SiiepheRD, J., at the last Spring Term of Lenoir Superior Court. The prisoner's counsel admitted the killing, and put the defense on the ground of delirium or temporary derangement, produced by long continued drunkenness. The prisoner went to the house of the deceased in October last, armed with a rifle, called her to the door, and as soon as she appeared, discharged the gun and killed her.

Cited by 2 later decisions — most recently May 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-05

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PeaesojST, O. J.

¶1 Every one is presumed to he of sound mind until the contrary is proven ; Pest on Presumptions, 57 and 170. This rule is necessary for the due administration of the law, as well in the criminal as on the civil side of the docket, and there is no reason for relaxing it.

¶2 Ilis Honor made the application of the doctrine as to “ a reasonable doubt” to the question involved in the case, correctly, with much clearness and force of statement. We will not enter into a discussion, because the matter is settled, and there is no consideration for treating it in any aspect as an open question; State v. Johnson, 3 Jones’ Rep. 266; State v. Craton, 6 Ire. Rep. 164. There is no error. This opinion must be certified to the Superior Court, to the end, that further proceedings may be had according to law.

¶3 Per Curiam, Judgment affirmed.

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