Supreme Court of North Carolina
19 S.E. 602 (1894)
North Carolina residents Hall (defendant) and Dockery (defendant) (collectively Defendants) shot and killed Andrew Bryson. When the shooting occurred, the Defendants were physically standing in the State of North Carolina and Bryson was standing in the State of Tennessee. Hall was charged as a principal in the murder of Bryson and Dockery was charged as an accessory before the fact. At trial, Defendants requested that the court instruct the jury that if the killing took place in North Carolina and if Bryson received the wound and died while in North Carolina, then Defendants were not guilty. Defendants further requested an instruction which provided that if Defendants were in North Carolina and Bryson was in Tennessee at the time of the shooting and subsequent death, then Defendants were not guilty. The trial court refused Defendants’ requested instructions and Hall and Dockery were convicted and they appealed.
Rule of Law
Holding and Reasoning (Shepherd, C.J.)
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