{
  "id": 8613463,
  "name": "STATE v. GLENN MAXWELL",
  "name_abbreviation": "State v. Maxwell",
  "decision_date": "1940-01-03",
  "docket_number": "",
  "first_page": "739",
  "last_page": "740",
  "citations": [
    {
      "type": "official",
      "cite": "216 N.C. 739"
    }
  ],
  "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": "215 N. C., 32",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627845
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/215/0032-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 190,
    "char_count": 2142,
    "ocr_confidence": 0.501,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.20716980024704143
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    "sha256": "a95a631b61df7cf7b01c21cc438fc1becc0e7fe473ae09c86b8c3d061b405303",
    "simhash": "1:7b951a3735bc416d",
    "word_count": 366
  },
  "last_updated": "2023-07-14T17:26:30.134660+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. GLENN MAXWELL."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nThe record discloses that on the afternoon of 14 April, 1938, the defendant shot and killed his neighbor, Charlie Shepherd, under circumstances which the jury has found to be murder in the first degree. See same case as reported on former appeal, 215 N. C., 32, 1 S. E. (2d), 125. The deceased was hoeing in his mother\u2019s garden. The defendant, armed with a shotgun, approached him with the inquiry, \u201cCharlie, what did you hit my boy with an axe for?\u201d The deceased replied, \u201cWhy, Glenn, I never hit your boy with an axe.\u201d Whereupon, the defendant opened fire, shot the deceased once, reloaded his gun and threatened to shoot the mother of the deceased as she pleaded with him to desist. He then fired two more shots at the deceased and killed him. The defendant himself says, \u201cI went over there to ask him about this here (meaning the injury to his boy), and you see he just raised up and you see I just flew all to pieces.\u201d\nThe case was properly submitted to the jury under a charge free from reversible error, and none of the exceptions addressed to the admission of evidence can be sustained. The facts are few and simple and only slightly in dispute. There is nothing on the record to justify a disturbance of the verdict and judgment. They will he upheld. Decree accordingly.\nNo error.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan and Assistant Attorney-General Bruton for the State.",
      "W. B. Austin and Trivette & Holshouser for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. GLENN MAXWELL.\n(Filed 3 January, 1940.)\nHomicide \u00a7 30\u2014\nThe jury\u2019s verdict of guilty of murder in the first degree and the judgment thereon must be upheld when the evidence is properly submitted to the jury under a charge free from error and none of defendant\u2019s exceptions to the admission of evidence can be sustained and nothing appears on the record to justify a disturbance of the verdict and judgment.\nAppeal by defendant from Clement, J., at May Term, 1939, of Alleghany.\nCriminal prosecution tried upon indictment charging the defendant with the murder of one Charlie Shepherd.\nYerdict: \u201cGuilty First Degree Murder.\u201d\nJudgment: Death by asphyxiation.\nThe defendant appeals, assigning errors.\nAttorney-General McMullan and Assistant Attorney-General Bruton for the State.\nW. B. Austin and Trivette & Holshouser for defendant."
  },
  "file_name": "0739-01",
  "first_page_order": 805,
  "last_page_order": 806
}