State v. . Church
Supreme Court of North Carolina
Assault, tried before Mitchell, The. following is the special verdict found upon the trial: On a certain Sabbath, at a Church, where people had assem-' bled for religious exercises, the defendant, with several others, was sitting outside of the building, about six or seven steps from it, and the prosecutor was approaching the Church, when the defendant, addressing him, said: We have no use for you in this «company; you shall not come here; go back.
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Assault, tried before Mitchell, The. following is the special verdict found upon the trial: On a certain Sabbath, at a Church, where people had assem-' bled for religious exercises, the defendant, with several others, was sitting outside of the building, about six or seven steps from it, and the prosecutor was approaching the Church, when the defendant, addressing him, said: We have no use for you in this «company; you shall not come here; go back. The prosecutor declined to do so. The defendant then rose to his feet and said to the prosecutor, 1 have a pistol, and placed his hand on a pistol…
1Opinion of the Court
Read®, J.
A mere threat unaccompanied by an offer or' attempt to strike, is not an assault.
So an offer to strike, qualified by some declaration which shows that there- is no purpose to execute violence, is not an assault, unless the offer is with a deadly weapon, and then words are not allowed to qualify the act. So an offer of violence is an assault, even if it be accompanied with a declaration that violence will be forborne upon a condition which the actor had no right to impose: as if one offering to strike says, I will strike you if you do not pull off your hat. This will be an assault,…
2Cited by19 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. DanielSupreme Court of North Carolina · 1904
- People v. ConnorsIllinois Supreme Court · 1912
- State v. HerronMontana Supreme Court · 1892
- State v. . DavenportSupreme Court of North Carolina · 1911
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