State v. . Chastain
Supreme Court of North Carolina
Appeal — Secret Assault — Aiding and Abetting — Judge's C flarge — Eviden ce. This was an indictment for a Secret Assault With Intent to Kill (drawn under ch. 32, Laws of 1887), tried at the Fall Term, 1889, of the Superior Court of Clay County? before Ciarlo, J. Of the four defendants on trial, E. H. Chastain and J. P. Chastain were found guilty.
Read the full summary
Appeal — Secret Assault — Aiding and Abetting — Judge's C flarge — Eviden ce. This was an indictment for a Secret Assault With Intent to Kill (drawn under ch. 32, Laws of 1887), tried at the Fall Term, 1889, of the Superior Court of Clay County? before Ciarlo, J. Of the four defendants on trial, E. H. Chastain and J. P. Chastain were found guilty. It was in evidence for the State, that before day on June 11th, 1889, J. S. Anderson, and others, were fired upon by a party lying hid in the bushes, on the creek bank; that the number and frequéncy of the shots (which were immediately responded to…
1Opinion of the CourtAvery, J.
— after stating the facts: The defendant J. P. Chastain excepted to so much of the charge of the Court as related exclusively to the question of his guilt, and relies solely upon the ground of error in misdirecting the jury. As to him, the case was submitted in two aspects, both of which naturally arise out of different views of the evidence.
First, the jury were told that if the testimony should satisfy them beyond a reasonable doubt, that Anderson was fired upon by a person, or persons, lying concealed in ambush, hid in the bushes and covered by darkness, that such shooting was with intent…
2Cited by18 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- State v. BirchfieldSupreme Court of North Carolina · 1952
- Osborne v. . WilkesSupreme Court of North Carolina · 1891
- State v. LittleSupreme Court of North Carolina · 1971
- State v. WigginsCourt of Appeals of North Carolina · 1972
13 more not listed; retrieve them via the Exa API.