State v. . Belk
Supreme Court of North Carolina
Peace Officer — Assault on— Violation of Town Ordinance. INDICTMENT., for assault pud battery, tried at ■ Fall Term, 3876, of Union Superior Court, before Furches J. The indictment was drawn in the-usual form and charged, the defendant -with an assault on one "Weill.
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Peace Officer — Assault on— Violation of Town Ordinance. INDICTMENT., for assault pud battery, tried at ■ Fall Term, 3876, of Union Superior Court, before Furches J. The indictment was drawn in the-usual form and charged, the defendant -with an assault on one "Weill. There was-evidence tending to show that Weill was a policeman in the-town of Monroe, acting under its corporate authority ; and that the defendant was violating the laws of the town at the-time the difficulty occurred, and resisted the policeman who-arrested him. The Solicitor for the State contended, that any resistance-on the…
1Opinion of the Court
RodmaN,. J.
The Judge seems to have thought that, because'the indictment was in the usual form for an assault-, and battery and did not show that Weill (the person assaulted}* was a police officer,'and that he had arrested the defendant by virtue or under color of his' office, -the jury were not at-liberty to consider those facts as bearing on the- question of the defendant’s guilt.
In this we think the Judge was mistaken. If there were-any statute which made an assault on a policeman "an offence-of a different grade from one on an unofficial person, as an English statute did in .respect, to…
2Cases cited1 opinion
- State v. . BryantSupreme Court of North Carolina · 1871
3Cited by16 opinions
- State v. MobleySupreme Court of North Carolina · 1954
- State v. . SigmanSupreme Court of North Carolina · 1890
- State v. AndersonSupreme Court of North Carolina · 1949
- State v. EllisSupreme Court of North Carolina · 1964
- State v. . FowlerSupreme Court of North Carolina · 1916
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