State v. . Gardner
Supreme Court of North Carolina
Indictment for assault and battery, tried before Watts, J., at January Term, 1875, Wake Superior Court. The defendant relied upon the plea of former conviction and punishment. It was in evidence that the defendant had committed an assault and battery upon one Holland, the prosecutor, in the presence of one L. B. Seagraves, a Justice of the Peace for the county of Wake.
Read the full summary
Indictment for assault and battery, tried before Watts, J., at January Term, 1875, Wake Superior Court. The defendant relied upon the plea of former conviction and punishment. It was in evidence that the defendant had committed an assault and battery upon one Holland, the prosecutor, in the presence of one L. B. Seagraves, a Justice of the Peace for the county of Wake. Por committing the said offence the defendant was fined by the said Justice of the Peace, for a contempt of Court. The record of the magistrate was introduced in evidence and showed that the defendant had been fined for…
1Opinion of the Court
PeaRson, O. J.
We concur with his Honor in the view taken by him of this case. The action of the Justice of the Peace was simply to impose a fine on the defendant for contempt in committing an assault and battery in his presence while trying a case, and did not include a trial, conviction and punishment for the misdemeanor of an assault and battery. The one is an offence against the public peace, and is against the peace and dignity of the State. The other is an offence against the dignity of the office of a Justice of the Peace, which he is allowed to protect, by punishment for contempt. The…
2Cases cited2 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1870
- State v. . HawesSupreme Court of North Carolina · 1871