State v. . Morgan
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at Fall Term, 1*842, his Honor Judge Pearson presiding.. This was an indictment against the defendant for an assault and battery on Elias Cantrell, to which he pleaded “ not guilty.”
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Appeal from the Superior Court of Law of Henderson County, at Fall Term, 1*842, his Honor Judge Pearson presiding.. This was an indictment against the defendant for an assault and battery on Elias Cantrell, to which he pleaded “ not guilty.” The jury impannelled to try the issue returned the following special verdict: Elias Cantrell, on the day set out in the indictment, being a constable, and having a fieri fa-cids against the- goods of.the defendant Morgan, went to the House of Morgan, in the county of Henderson, and, in the presence of Morgan’s wife, she forbidding him to do so, took into…
1Opinion of the CourtGaston, J.
Two questions are presented for our consideration on this special verdiet, and for the purpose of per-specuity it is necessary that they should be examined separately. The first is, whether the defendant committed an as - sauit-; and the second, if he did., whether that assault was justified as having been committed in the rightful defence of his property.
' Upon the first question, this court entertains the same opinion, which was expressed in the Superior Court. There are several ancient cases in which it was held, that an assault might be committed by threats of future violence ; but it has…
2Cited by12 opinions
- State v. McLawhornSupreme Court of North Carolina · 1967
- State v. MitchellSupreme Court of Iowa · 1908
- State v. ChildersOhio Supreme Court · 1938
- State v. CruikshankNorth Dakota Supreme Court · 1904
- State v. David G. BuckleySupreme Court of Vermont · 2016
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