State v. Battle
Supreme Court of North Carolina
INDICTMENT against Ed. S. Battle and A. M. Powell, heard by Judge W. 8. O’B. Robinson and a jury, at September Term, 1901, of the Superior Court of Wane County. Erom a verdict of guilty of both defendants and judgment thereon, the defendant Battle appealed.
1Opinion of the CourtMontgomery, J.
There is only one question involved in this appeal, and that presents no difficulty in its decision. If tbe bill of indictment be stripped of a balf dozen superfluous words, it will readily be seen upon tbe most casual inspection that tbe offense charged is tbat of a simple assault — a mutual fighting between tbe appellant Battle and tbe other defendant, Powell — occurring during1 tbe September Term, 1901, of Wake Superior Court, and within one mile of tbe courthouse- of tbat county. Tbe jury returned for their verdict tbat tbe defendants were guilty in tbe manner and form as charged in tbe…
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