State v. . Harris
Supreme Court of North Carolina
INDICTMENT for secret assault with a deadly weapon, tried before Mclver, J., and a jury, at November term, 1896, of G-RAnville Superior Court. The defendant admitted the assault, but denied that it was made, in a secret manner. The prosecuting witness, Frank O. Landis, testified that he was in conversation with one Albert Harris when he was struck, and did not see the defendant or know who hit him. He had no warning, and was knocked down insensible.
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INDICTMENT for secret assault with a deadly weapon, tried before Mclver, J., and a jury, at November term, 1896, of G-RAnville Superior Court. The defendant admitted the assault, but denied that it was made, in a secret manner. The prosecuting witness, Frank O. Landis, testified that he was in conversation with one Albert Harris when he was struck, and did not see the defendant or know who hit him. He had no warning, and was knocked down insensible. It was also in evidence, by another witness, that defendant struck prosecutor with a large stick from behind. Defendant testified, in his own…
1Opinion of the Court
ClaeK, J.:
“An exception that there is not sufficient evidence to go to the jury must always be made before verdict, in order that the defect can be supplied if possible;” for the sole object of judicial investigation is to ascertain the truth of the matter at issue. Sutton v. Walters, 118 N. C., 495; Holden v. Strickland, 116 N. C., 185; State v. Hart, Ibid, 976; State v. Kiger, 115 N. C., 746; Cotton Mills v. Cotton Mills, Ibid, 475; State v. Varner, Ibid, 744; Fagg v. Loan Association, 113 N. C., 364; McMillan v. Gambill, 106 N. C., 359; State v. Brady, 104 N. C., 737; Battle v. Mayo, 102…
2Cases cited20 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- State v. . KigerSupreme Court of North Carolina · 1894
- Battle v. MayoSupreme Court of North Carolina · 1889
- State v. . HartSupreme Court of North Carolina · 1895
- State v. . JonesSupreme Court of North Carolina · 1873
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. WilsonSupreme Court of North Carolina · 1897
- State v. GastonSupreme Court of North Carolina · 1952
- Riley v. . StoneSupreme Court of North Carolina · 1915
- State v. . HolderSupreme Court of North Carolina · 1903
- State v. . HugginsSupreme Court of North Carolina · 1900
12 more not listed; retrieve them via the Exa API.