{
  "id": 8631200,
  "name": "STATE v. R. M. KEETER",
  "name_abbreviation": "State v. Keeter",
  "decision_date": "1934-05-02",
  "docket_number": "",
  "first_page": "482",
  "last_page": "483",
  "citations": [
    {
      "type": "official",
      "cite": "206 N.C. 482"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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      "cite": "125 S. E., 617",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "188 N. C., 784",
      "category": "reporters:state",
      "reporter": "N.C.",
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      ],
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      "case_paths": [
        "/nc/188/0784-01"
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    {
      "cite": "69 S. E., 419",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "153 N. C., 638",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "opinion_index": 0,
      "case_paths": [
        "/nc/153/0638-01"
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  "last_updated": "2023-07-14T19:27:02.537957+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. R. M. KEETER."
    ],
    "opinions": [
      {
        "text": "Stacy, 0. J.\nThe 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.\nAccording to the State\u2019s evidence, the killing amounted to an unprovoked murder. The strongest exculpatory evidence is that of the defendant who testified that he shot the deceased \u201cto get him loose from me. ... I didn\u2019t intend to take his life.\u201d 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\u2019s evidence. S. v. Cox, 153 N. C., 638, 69 S. E., 419; S. v. Robinson, 188 N. C., 784, 125 S. E., 617.\nAs 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.\nNo error.",
        "type": "majority",
        "author": "Stacy, 0. J."
      }
    ],
    "attorneys": [
      "Attorney-General Brummitt and Assistant Attorneys-General Seawell and Bruton for the State.",
      "A. A. Tarlton and J. F. Newell for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. R. M. KEETER.\n(Filed 2 May, 1934.)\n1. Homicide E a\u2014\nA person assaulted by an unarmed assailant, but who is never apprehensive o\u00a3 Ms life or great bodily barm, commits manslaughter at least in repelling the assault by hilling his assailant with a pistol.\n2. Criminal Raw Ij e\u2014\nWhere defendant on trial for homicide is guilty of manslaughter on his own statement, error, if any committed on the trial is cured or rendered harmless by the jury\u2019s verdict of guilty of manslaughter.\nAppeal by defendant from Stack, J., at January Term, 1934, of MECKLENBURG.\nCriminal prosecution tried upon indictment charging the defendant with the murder of one Nick Neos.\nVerdict: Guilty of manslaughter.\nJudgment: Imprisonment in the State\u2019s prison for a period of not less than 13 nor more than 20 years.\nDefendant appeals, assigning errors.\nAttorney-General Brummitt and Assistant Attorneys-General Seawell and Bruton for the State.\nA. A. Tarlton and J. F. Newell for defendant."
  },
  "file_name": "0482-01",
  "first_page_order": 544,
  "last_page_order": 545
}