State v. . Sinclair
Supreme Court of North Carolina
IndiotMENt for assault with a deadly weapon, tried before Norwood, J], and a jury, at Fall Term, 1896, of Yancey Superior Court. Defendant pleaded former trial and conviction before a justice of the peace.
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IndiotMENt for assault with a deadly weapon, tried before Norwood, J], and a jury, at Fall Term, 1896, of Yancey Superior Court. Defendant pleaded former trial and conviction before a justice of the peace. It was admitted by the State that the defendant had been formerly tried and convicted regularly before the justice of the peace, who bad assumed jurisdiction and disposed of the case, but the State alleged that a deadly weapon had been used and that, therefore, the justice had no jurisdiction. The only question before the court was whether or not the weapon used by the defendant w as a…
1Opinion of the Court
Fueohes, J.:
This is an indictment for assault and battery with a deadly weapon. The defendant pleaded former trial before a justice of the peace and conviction. It was admitted that the defendant had been so tried and convicted. But the State insisted that the assault was made with a deadly weapon and that a justice of the peace had no jurisdiction of the offence.
This is the only question in the case, and depends upon the fact as to whether the instrument used, the manner in which it was used, the party who used it, and upon whom it was used, made it a deadly weapon or not.
“The defendant, at…
2Cases cited3 opinions
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. . CollinsSupreme Court of North Carolina · 1848
- State v. CratonSupreme Court of North Carolina · 1845
3Cited by12 opinions
- State v. TorainSupreme Court of North Carolina · 1986
- State v. . SmithSupreme Court of North Carolina · 1924
- State v. Archbell.Supreme Court of North Carolina · 1905
- State v. ParkerCourt of Appeals of North Carolina · 1970
- Williamson v. StateSupreme Court of Florida · 1926
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