State v. Piver

3 N.C. 79 (1799)

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State v. Piver

North Carolina Superior Courts of Law and Equity
3 N.C. 79 (1799)

Facts

Piver (defendant) was in a public road returning home from a neighbor’s house when he came upon a slave (the victim). The evidence showed that Piver, a boy about 13 or 14 years of age, jocosely told the victim to stand off or he would shoot him. Piver was carrying a gun, and he told the victim it was filled with buckshot. The victim continued on, and Piver went around and overtook him on the other side of the street. The victim then shoved Piver, forcing him back to the other side of the road. Piver almost fell but caught himself on his hands and rose up and shot the victim, killing him.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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