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State v. Caesar

31 N.C. 391 (1849)

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State v. Caesar

North Carolina Supreme Court
31 N.C. 391 (1849)

Facts

After a night of heavy drinking, Kenneth Mizell and an acquaintance, Brickhouse, came upon two Black slaves, Caesar (defendant) and Dick, outside a storehouse in Jamestown, North Carolina. Brickhouse falsely told Caesar and Dick that he and Mizell were patrollers, then picked up a board and gave both several light blows with it. A third Black man, Charles, arrived. Brickhouse took hold of Charles and ordered Dick to fetch a whip with which he said he would whip Charles. Brickhouse then let go of Charles and beat Dick with his fist, striking several blows on Dick’s head and side. While Brickhouse was beating Dick, Caesar went to the fence and got a rail that he used to strike Brickhouse in the head. The rail broke, and Caesar used the piece remaining in his hands to strike Mizell. Caesar and Dick then ran away. Mizell died of his injuries the following day. The trial judge instructed the jury that there was no legal provocation for Caesar’s actions. The jury found Caesar guilty of murder, and Caesar appealed.

Rule of Law

Issue

Holding and Reasoning (Pearson, J.)

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