[Download] "North Carolina v. Miller" by Supreme Court of North Carolina ~ eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Miller
- Author : Supreme Court of North Carolina
- Release Date : January 25, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Defendant contends that the State's own evidence rebutted the presumption of unlawfulness and malice which arises from an intentional killing with a deadly weapon, and that he is entitled to an acquittal by judgment of nonsuit. We agree with the trial judge, however, that the State's evidence required its submission to the jury. Deceased was unarmed. After he had torn the screen from the outer door, defendant neither shut the panel door, nor gave him any warning of his purpose to shoot if deceased persisted in his efforts to enter the house. Instead, defendant procured his pistol, said to Browning, ""I told you not to tear my screen out,"" and fired the fatal shot. Defendant could not justify or excuse slaying the man at his door for an act already done; reasonable apprehension of future injury is an essential prerequisite to the right to take life in defense of one's habitation. It was for the jury to say whether defendant shot to punish deceased for damaging his screen, or to prevent an intruder, whom he had reason to believe intended to commit a felony or to inflict personal injury upon him or some other member of his household, from forcibly entering his dwelling. If it were the latter, there was the further question whether defendant used force excessive under all the circumstances. State v. Baker, 222 N.C. 428, 23 S.E.2d 340; State v. Reynolds, 212 N.C. 37, 192 S.E. 871.