State v. . Vannoy
Supreme Court of North Carolina
Indictment for assault, tried before Mitchell, J., at Spring ‘Term, 1871, of Alleghany Superior Court. The assault was charged to have been on one Williams, who testified that the defendant came up to where he and other persons -were standing, and called witness to come to one side and talk with him. That witness refused to go, when defendant cursed Timq swearing he would make him come.
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Indictment for assault, tried before Mitchell, J., at Spring ‘Term, 1871, of Alleghany Superior Court. The assault was charged to have been on one Williams, who testified that the defendant came up to where he and other persons -were standing, and called witness to come to one side and talk with him. That witness refused to go, when defendant cursed Timq swearing he would make him come. At this time defendant was twelve or fifteen feet from witness; defendant then picked up a stick, or a piece of board, three or four feet long, and made towards witness, with the stick or board raised. The…
1Opinion of the CourtRodman, J.
This case is clearly within the law, as decided in State v. Davis, 1 Ire. 125. In that case, Gaston, J., delivering the opinion of the Court, says, “ So in a late case, before a very eminent English Judge, it was held, that where the defendant was advancing in a threatening attitude, with intent to strike the plaintiff, so that his blow would, in a second or two, have reached the plaintiff, if he had not been stopped, although when stopped he was not near enough to strike, an assault was committed.” Stephenson v. Myers, 4 Car. and Payne, 349, (19 E. C. L. R.) This English case is approved of,…
2Cited by1 opinion
- State v. . JeffreysSupreme Court of North Carolina · 1895