State v. . Taylor
Supreme Court of North Carolina
INDICTMENT for an Affray tried at Pall Term, 1879, of Wake Superior Court, before Avery, J. The defendant and one Adolphus Williams were indicted for an affray ; both were found guilty, and the defendant, Taylor, moved for a new trial on the ground of misdirection in the charge of the court to the jury. The motion was overruled, and judgment pronounced against both defendants, from which the defendant, Taylor, appealed.
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INDICTMENT for an Affray tried at Pall Term, 1879, of Wake Superior Court, before Avery, J. The defendant and one Adolphus Williams were indicted for an affray ; both were found guilty, and the defendant, Taylor, moved for a new trial on the ground of misdirection in the charge of the court to the jury. The motion was overruled, and judgment pronounced against both defendants, from which the defendant, Taylor, appealed. The grounds of the exception are sufficiently set out in the opinion.
1Opinion of the CourtAshe, J.
The alleged affray occurred in the house of the defendant, and only three witnesses were examined, two for the state and one for defendant.
The court charged the jury that if they believed the testimony of any of the witnesses on behalf of the state or defendant, both defendants were guilty; that according to the .testimony of any witness examined both defendants were guilty. And after the case was submitted to the jury with this charge, they came into court and'asked His Honor to instruct them as to the amount of force that might be lawfully used by the defendant Taylor, in order to expel the…
2Cases cited1 opinion
- State v. . DavisSupreme Court of North Carolina · 1879
3Cited by17 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- People v. . TomlinsNew York Court of Appeals · 1914
- State v. McCombsSupreme Court of North Carolina · 1979
- State v. MillerSupreme Court of North Carolina · 1966
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
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