State v. . Pritchett

Citations

• 11 S.E. 357
• 106 N.C. 667

Syllabus

<p>Homicide — Evidence—Insanity—Jury—Challenge—Judge’s Charge.</p> <p>1. Where it appeared that the prisoner did not exhaust his peremptory challenges, error in the Court in its ruling upon the competency of a juror challenged by the prisoner is not good ground for a n^w trial.</p> <p>2. The declarations and acts of one charged with an offence, after its commission — not of the res gestee — are not competent evidence for him.</p> <p>3. Where the testimony showed that, after the commission of the offence, and pending the trial, the prisoner was committed to the asylum for the insane upon a verdict that he was incompetent to plead, but was afterwards put upon trial and plead “not guilty,” and there was some evidence that the insanity was feigned: Held not to be error to permit the State, upon cross-examination, to ask him “ why he played off crazy.”</p> <p>4. Evidence of the condition of a pistol (with which it is alleged the homicide was committed) on the morning after, was competent.</p> <p>5. Where a party charged with the commission of a crime has been committed to the asylum for the insane because of insanity supervening after the offence and existing at the time he was called upon to plead, the Court does not lose jurisdiction by reason of his commitment, but it may, without any discharge or other formal action on the part of the asylum authorities, cause him, from time to time, to be brought before the Court for examination, and. whenever it is ascertained that he is competent to plead, may put him upon trial.</p> <p>6. The opinion of the superintendent of the asylum as to the mental condition of the prisoner while under his charge is competent evidence upon the question whether such insanity was feigned.</p> <p>7. Where no instruction is asked to “state, in a plain and correct manner, the evidence given in the case, and declare and explain the law arising thereon,” the failure of the Court to comply with the statute in that particular will not be sufficient gr