State v. . Ray
Supreme Court of North Carolina
INDICTMENT for assault and battery tried at Fall Term, 1883, of Madison Superior Court, before Gudger, J. The indictment charged that the assault was committed upon one James Dover “with a certain deadly weapon, to-wit, a chair, knife and pistol.”
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INDICTMENT for assault and battery tried at Fall Term, 1883, of Madison Superior Court, before Gudger, J. The indictment charged that the assault was committed upon one James Dover “with a certain deadly weapon, to-wit, a chair, knife and pistol.” The jury found a special verdict, which is substantially as follows: That the defendant struck Dover four blows with a stick; that said stick was not a deadly weapon and no serious damage was done; that on the same occasion the other defendant struck Dover oue blow with his fist, no serious damage being done; that no justice of the peace, or court…
1Opinion of the CourtMeeeimON, J.
The indictment charges an offence of which the superior court had jurisdiction. It turned out, however, on the trial, that the proof was that the defendants were guilty of the assault, but not with a deadly weapon. The defendants are guilty of au offence inferior to that charged, and of which a justice of the peace had original jurisdiction. This inferior offence is of the same nature as that charged, and the superior court having gained jurisdiction, will continue to hold it, and proceed to judgment.
It was not the intention of The Code, §892, defining and establishing the jurisdiction of…
2Cases cited1 opinion
- State v. . ReavesSupreme Court of North Carolina · 1881
3Cited by15 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. . PhillipsSupreme Court of North Carolina · 1889
- State v. Fritz.Supreme Court of North Carolina · 1903
- State v. . AlbertsonSupreme Court of North Carolina · 1893
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