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eBook details

• Title: State V. Gordon
• Author : Supreme Court of North Carolina
• Release Date : January 14, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

When the killing with a deadly weapon is admitted or established, two presumptions arise: (1) that the killing was unlawful; (2) that it was done with malice; and an unlawful killing with malice is murder in the second degree. In S. v. Gregory, 203 N.C. 528, 166 S.E. 387, where the defense was that an accidental discharge of the shotgun caused the death of the deceased, it was stated that the presumptions arise only when there is an intentional killing with a deadly weapon; and since the Gregory case it has been often stated that these presumptions arise only when there is an intentional killing with a deadly weapon. But the expression, intentional killing, is not used in the sense that a specific intent to kill must be admitted or established. The sense of the expression is that the presumptions arise when the defendant intentionally assaults another with a deadly weapon and thereby proximately causes the death of the person assaulted. S v. Cephus, 239 N.C. 521, 80 S.E.2d 147; S. v. Wingler, 238 N.C. 485, 78 S.E.2d 303; S. v. Jones, 188 N.C. 142, 124 S.E. 121. A specific intent to kill, while a necessary constituent of the elements of premeditation and deliberation in first degree murder, is not an element of second degree murder or manslaughter. The intentional use of a deadly weapon as a weapon, when death proximately results from such use, gives rise to the presumptions. S. v. Quick, 150 N.C. 820, 64 S.E. 168. The presumptions do not arise if an instrument, which is {PA}

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