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STATE v. BARBER

No. 575.

154 S.E.2d 104 (1967)

270 N.C. 222

STATE v. Horace BARBER.

Supreme Court of North Carolina.

May 3, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen., Millard R. Rich, Jr., for the State.

H. M. Jackson and J. C. Pittman, Sanford, for defendant appellant.

LAKE, Justice.

In State v. Gordon, 241 N.C. 356, 85 S.E.2d 322, Bobbitt, J., speaking for the Court, said:

"When the killing with a deadly weapon is admitted or established, two presumptions arise: (1) that the killing was unlawful; (2) that it was done with malice; and an unlawful killing with malice is murder in the second degree. In State v...

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