{
  "id": 8659496,
  "name": "STATE v. BURRILL and LEONA CASEY",
  "name_abbreviation": "State v. Casey",
  "decision_date": "1912-04-17",
  "docket_number": "",
  "first_page": "474",
  "last_page": "475",
  "citations": [
    {
      "type": "official",
      "cite": "159 N.C. 474"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "142 N. C., 621",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652663
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/142/0621-01"
      ]
    },
    {
      "cite": "150 N. C., 820",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11273107
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/150/0820-01"
      ]
    }
  ],
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    "simhash": "1:ef59c9599595d057",
    "word_count": 357
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  "last_updated": "2023-07-14T20:13:45.962633+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. BURRILL and LEONA CASEY."
    ],
    "opinions": [
      {
        "text": "Brown, J.\nThe evidence against Leona Casey amply justified her conviction, as is shown by the following extract from the brief of her counsel:\n\u201cHowever, the crime she is charged with is the most heinous known to man. She is charged with poisoning one husband in order that she might be free to marry another. If the evidence introduced in the case tends to prove anything against her, it must prove the charge.\u201d\nThis unfortunate prisoner does not ask for a new trial, but states through her counsel, \u201cBut would prefer to take her ten years sentence in the penitentiary than to put her young life in jeopardy again.\u201d\nThe only assignment of error discussed in the brief is stated as follows: \u201cAt the conclusion of the evidence the State declined to ask the jury to convict her of murder in the first degree, and there was no evidence of murder in any other degree,\u201d and upon this decision of the solicitor, she asked her discharge.\n\"We have already held repeatedly that- if the solicitor erred, it is an error in favor of the prisoner, of which she cannot justly complain. S. v. Quick, 150 N. C., 820; S. v. Matthews, 142 N. C., 621.\nUpon a review of the entire record, we find\nNo error.",
        "type": "majority",
        "author": "Brown, J."
      }
    ],
    "attorneys": [
      "Attorney-General Biclcett, Assistant Attorney-General Gal-vert, and D. L. Ward for the State.",
      "Carl Daniels and W. D. Mclver for defendants."
    ],
    "corrections": "",
    "head_matter": "STATE v. BURRILL and LEONA CASEY.\n(Filed 17 April, 1912.)\nHomicide \u2014 Evidence\u2014Conviction of Less Offense \u2014 Solicitor\u2019s Request \u2014 Harmless Error.\nThe prisoner on trial for a capital felony cannot be heard to complain of error on the part of the State in asking for a conviction of a less offense than murder in the first degree, when from the evidence the verdict should be murder in the first degree, or an acquittal.\nAppeal from Garter, J., at October Term, 1911, of Craven.\nIndictment for murder. There was a verdict of guilty of murder in the second degree. The defendants appealed.\nThe facts are sufficiently stated in the opinion of the Court \u2022by Mr. Justice Brown.\nAttorney-General Biclcett, Assistant Attorney-General Gal-vert, and D. L. Ward for the State.\nCarl Daniels and W. D. Mclver for defendants.\nAPPEAL OE THE PRISONER LEONA CASEY."
  },
  "file_name": "0474-01",
  "first_page_order": 524,
  "last_page_order": 525
}
