Roberson v. . Stokes
Supreme Court of North Carolina
Appeal by plaintiff from Bond, Jat September Term, 1920, of Pitt. Plaintiff alleged that be and W. Gr. Stokes, father of the other defendant, had some disagreement about a telephone, W. Gr. Stokes seeming to be very much “wrought up” about it. That they got into a heated controversy.
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Appeal by plaintiff from Bond, Jat September Term, 1920, of Pitt. Plaintiff alleged that be and W. Gr. Stokes, father of the other defendant, had some disagreement about a telephone, W. Gr. Stokes seeming to be very much “wrought up” about it. That they got into a heated controversy. Plaintiff testified: “I told hint to keep his mouth out of my business; he then stepped over to a pile of bricks, and I shoved him on them; about that time I saw his son, W. E. Stokes, coming with a brick in each hand, and I knew they, had me foul. The boy threw one brick at me, which went over my head, but the…
1Opinion of the Court
WalkeR, J.,
after stating tbe case: There are twenty-seven assignments of error, but we need refer to only two of them, though there may be others worthy of serious consideration, as strongly contended by the plaintiff’s counsel; but we must not be taken as intimating that there was any error except in the respect now indicated by us.
It was erroneous to charge the jury as set forth in the above statement f the ease for two reasons: 1. It was based upon the assumption that defendants’ version of the assault was the correct one, whereas there was evidence that defendants were in the wrong…
2Cases cited8 opinions
- Jarrett v. High Point Trunk & Bag Co.Supreme Court of North Carolina · 1907
- State v. . BentonSupreme Court of North Carolina · 1836
- State v. . CollinsSupreme Court of North Carolina · 1848
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- Bynum v. . BynumSupreme Court of North Carolina · 1850
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3Cited by12 opinions
- State v. . RaySupreme Court of North Carolina · 1938
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- State v. StroupeSupreme Court of North Carolina · 1953
- State v. HairrSupreme Court of North Carolina · 1956
- Yellow Cab Co. of Charlotte, Inc. v. SandersSupreme Court of North Carolina · 1943
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