State v. . Goff
Supreme Court of North Carolina
INDICTMENT for affray, tried before Graham, J., and a jury, at Spring Term, 1895, of G-R.ebne Superior court. The four defendants were tried jointly for the affray charged. Two witnesses were introduced on the behalf of the State. Henry. Gerganus, the first State’s witness called, testified substantially as follows : I am a cousin of the defendant Gerganus; am distantly related to him. This difficulty occurred at his house on the night of the 2d of last January.
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INDICTMENT for affray, tried before Graham, J., and a jury, at Spring Term, 1895, of G-R.ebne Superior court. The four defendants were tried jointly for the affray charged. Two witnesses were introduced on the behalf of the State. Henry. Gerganus, the first State’s witness called, testified substantially as follows : I am a cousin of the defendant Gerganus; am distantly related to him. This difficulty occurred at his house on the night of the 2d of last January. The defendants and I were all under the influence of liquor; had been drinking wine at the wine shop about 400 yards from defendant…
1Opinion of the Court
Avery, J. :
This was an indictment for an affray in which the theory of the State was that the defendants John Goff and the two Kearneys were the guilty combatants on the one side, and the defendant Gerganus who was acquitted by the jury was a willing participant on the other side. After offering two witnesses on behalf of the State, the solicitor, following the usual practice, rested and gave the parties the opportunity each to. offer testimony criminating his antagonist or antagonists in order to exculpate himself. In such a contest the witnesses for the one side stand, as to the parties cn…
2Cases cited6 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. . HarrellSupreme Court of North Carolina · 1890
- Clark v. . ClarkSupreme Court of North Carolina · 1871
- State v. . MurraySupreme Court of North Carolina · 1868
- State v. . SkidmoreSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. . PayneSupreme Court of North Carolina · 1938
- State v. PayneSupreme Court of North Carolina · 1938
- Johnson v. RailroadSupreme Court of North Carolina · 1906
- State v. . LemonsSupreme Court of North Carolina · 1921
- State v. AdamsSupreme Court of South Carolina · 1897
6 more not listed; retrieve them via the Exa API.