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State v. Keeter

State v. R. M. Keeter.

State v. Keeter, 174 S.E. 298 (N.C. 1934)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
May 2, 1934
Judges
Stacy
Citations
174 S.E. 298206 N.C. 4821934 N.C. LEXIS 223

Opinion of the Court — Stacy

*483 Stacy, 0. J.

The record discloses that on 3 January, 1934, the defendant shot and killed Nick Neos on a public street in the city of Charlotte, under circumstances which rendered the homicide unlawful. The two were rival suitors, and it seems that the deceased had outdistanced the defendant in the affections of the woman in the case. They chanced to meet upon the street.

According to the State’s evidence, the killing amounted to an unprovoked murder. The strongest exculpatory evidence is that of the defendant who testified that he shot the deceased “to get him loose from me. ... I didn’t intend to take his life.” The defendant shot, not once, but twice. The deceased was unarmed. The evidence is conflicting as to who brought on the difficulty, but, at no time, did the defendant apprehend that he was in danger of losing his life or sustaining great bodily injury. He used excessive force to repel the assault, even if the deceased were the aggressor, which is denied by the State’s evidence.

S. v. Cox, 153 N. C., 638 , 69 S. E., 419 ;

S. v. Robinson, 188 N. C., 784 , 125 S. E., 617 .

As the defendant is guilty of at least manslaughter on his own statement, it is not worth while to consider his exceptions seriatim.

Any error committed on the trial was harmless or cured by the verdict.

No error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 11935: 11953: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. State v. Marshall179 S.E. 427 (N.C. 1935)
  2. State v. Ritter79 S.E.2d 164 (N.C. 1953)
  3. State v. Green177 S.E. 120 (N.C. 1934)

Most recent

  1. State v. Ritter79 S.E.2d 164 (N.C. 1953)
  2. State v. Marshall179 S.E. 427 (N.C. 1935)
  3. State v. Green177 S.E. 120 (N.C. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Cox, 69 S.E. 419 (N.C. 1910) 50
State v. Robinson, 125 S.E. 617 (N.C. 1924) 47

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