State v. . Black
Supreme Court of North Carolina
Criminal action for assault with a deadly weapon, tried before Boykin, J., at August Term, 1891, of Moore Superior Court. It appears in evidence that defendant’s hogs had been impounded by the Town Marshal of Carthage and were in his custody.
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Criminal action for assault with a deadly weapon, tried before Boykin, J., at August Term, 1891, of Moore Superior Court. It appears in evidence that defendant’s hogs had been impounded by the Town Marshal of Carthage and were in his custody. The Marshal and two of the Town Commissioners, ■who were near the pound, saw the defendant going in the direction of the pound at night, and the defendant swore, in their presence, that unless the Marshal turned his hogs out he would liberate them, and thereupon proceeded to the pound and attempted to break the pound to turn the hogs out. The Marshal and…
1Opinion of the CourtClark, J.
after stating the facts: The affidavit in the petition for certiorari avers that a special prayer for instruction was asked in writing and in proper time, that it was refused and exception noted ; but it is not alleged that such exception was set out in appellant’s statement of case on appeal. As the appellant did not set it out as an exception in his case on appeal, he cannot complain that the Judge did not incorporate it in the “case settled” by him.
In Taylor v. Plummer, 105 N. C., 56, it is said: “ Exceptions noted on the trial and exceptions which, after the verdict, the losing party…
2Cases cited5 opinions
- Lowe v. . ElliottSupreme Court of North Carolina · 1890
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Braddy v. . HodgesSupreme Court of North Carolina · 1888
- State v. . ArmisteadSupreme Court of North Carolina · 1890
- State v. . HedrickSupreme Court of North Carolina · 1886
3Cited by4 opinions
- State v. . RollinsSupreme Court of North Carolina · 1893
- Cameron v. . Power Co.Supreme Court of North Carolina · 1904
- State v. J. F. Scott.Supreme Court of North Carolina · 1906
- Cameron v. . Power Co.Supreme Court of North Carolina · 1904