State v. . Speller
Supreme Court of North Carolina
Indictment for an assault, tried at Spring Term, 1884, of Bertie Superior Court, before Avery, J. The prosecution was commenced in the inferior court of Bertie county, and the indictment contained two counts— first, for an assault with a deadly weapon, and secondly, for an assault and battery. The jury found the defendant “ not guilty ” on the first count, but “ guilty ” on the second.
Read the full summary
Indictment for an assault, tried at Spring Term, 1884, of Bertie Superior Court, before Avery, J. The prosecution was commenced in the inferior court of Bertie county, and the indictment contained two counts— first, for an assault with a deadly weapon, and secondly, for an assault and battery. The jury found the defendant “ not guilty ” on the first count, but “ guilty ” on the second. The assault and battery was proved to have been committed in November, 1883, and the bill of indictment was found by the grand jury at February term, 1884. It was also proved that it was committed by the…
1Opinion of the CourtAshe, J.
The Code, § 808, provides that the “ inferior courts shall have jurisdiction of all crimes and misdemeanors, except those whereof exclusive original jurisdiction is given to justices of the peace, and except the crimes of murder, manslaughter, arson, rape, assault with intent to commit rape, burglary, horsestealing, libel, perjury, forgery and highway robbery.” The crime of an assault and battery with a deadly weapon falls within neither of these exceptions. The inferior court consequently had jurisdiction of that offence.
The crime charged, then, in this indictment is one of which the…
2Cases cited2 opinions
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . ReavesSupreme Court of North Carolina · 1881
3Cited by3 opinions
- Smithey v. StateMississippi Supreme Court · 1908
- State v. JohnsonSupreme Court of North Carolina · 1886
- State v. . WynneSupreme Court of North Carolina · 1895