STATE v. ELLIS

No. 293.

90 S.E.2d 225 (1955)

243 N.C. 142

STATE v. J. Wall ELLIS.

Supreme Court of North Carolina.

November 23, 1955.


Attorney(s) appearing for the Case

Atty. Gen. Wm. Rodman, Jr., and Asst. Atty. Gen. Claude L. Love for the State.

Charles Hughes, Robert Lacey, Newland, Nance & Barrington, Fayetteville, G. D. Bailey, W. E. Anglin, Burnsville, for defendant.


DENNY, Justice.

The evidence tends to show that for several years there had been considerable ill feeling between the deceased and the defendant. Therefore, the State vigorously contended in the trial below that the defendant shot and killed the deceased, not while acting in his official capacity as Wildlife Protector but because of his malice and ill will toward him, and was, therefore, not acting in good faith as a peace officer. Notwithstanding this contention...

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