Legal Opinion

State v. . Taylor

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 20 opinions

IndiotmeNt for assault and battery tried at June Special Term, 1880, of Wake Superior Court, before Gudger, J. The defendant is charged in several counts of the indictment with an assault and battery upon Madison Hodge and using a deadly weapon, or inflicting serious injury upon his person in all, except the last count which alleges no aggravating circumstances. Previous to empaneling the jury, the defendant's counsel submitted a motion to quash which was denied.

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IndiotmeNt for assault and battery tried at June Special Term, 1880, of Wake Superior Court, before Gudger, J. The defendant is charged in several counts of the indictment with an assault and battery upon Madison Hodge and using a deadly weapon, or inflicting serious injury upon his person in all, except the last count which alleges no aggravating circumstances. Previous to empaneling the jury, the defendant's counsel submitted a motion to quash which was denied. After the conclusion of the evidence, the solicitor was permitted to enter a nolle prosequi to the last count and to proceed on the…

1Opinion of the CourtSmith, C. J.

The motion to quash is sustained in the argument of defendant’s counsel, upon the ground that asim-ple assault and battery under the act of 1879, eh. 92, is exclusively cognizable before a justice of the peace, and thus a conflict of jurisdiction arises, which is fatal to the prosecution. This position is at variance with the decision in State v. Moore, 82 N. C., 659; and in State v. Taylor, 83 N. C., 601, recognizing and approving it.

The act of 1879 contains provisions which we find it difficult to harmonize, and as the result of a careful examination and to give effect to the legislative…

2Cases cited2 opinions

  1. State v. . MooreSupreme Court of North Carolina · 1880
  2. State v. . TaylorSupreme Court of North Carolina · 1880

3Cited by20 opinions

  1. State v. . WilliamsSupreme Court of North Carolina · 1923
  2. State v. HickeySupreme Court of North Carolina · 1986
  3. State v. . ChoateSupreme Court of North Carolina · 1948
  4. State v. . HolbrookSupreme Court of North Carolina · 1943
  5. State v. . HamptonSupreme Court of North Carolina · 1936

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