State v. . Roseman
Supreme Court of North Carolina
INDICTMENT, tried at Spring Term, 1891, of Rowan Superior Court, Bynum, J., presiding. The indictment charges that the defendant made an assault upon the prosecutrix “ with a certain deadly weapon, to-wit, a club of the length of three feet and one inch in diameter,” etc. He pleaded not guilty.
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INDICTMENT, tried at Spring Term, 1891, of Rowan Superior Court, Bynum, J., presiding. The indictment charges that the defendant made an assault upon the prosecutrix “ with a certain deadly weapon, to-wit, a club of the length of three feet and one inch in diameter,” etc. He pleaded not guilty. On the trial it appeared that the prosecutrix tras confined in the common jail of Rowan County and the defendant was the keeper of the jail; that on one night she sang and made much disagreeable noise to the discomfort of the defendant’s wife, -who was lying in a room of the first story of the jail and…
1Opinion of the Court
MjcrkimoN, C. J.:
Clearly the Court had jurisdiction. The indictment charges an assault with a deadly weapon, describing it, and that serious injury was done. The evidence certainly tended to prove that the assault was made with a deadly weapon, and that serious damage was done, but if it had turned out that the evidence only proved a simple assault, the Superior Court would, nevertheless, have jurisdiction, might receive a verdict of “guilty,” and proceed to judgment, as it did do. This is so, because that Court has general jurisdiction of assaults, assaults and batteries, and affrays, and,…
2Cases cited6 opinions
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. . ShellySupreme Court of North Carolina · 1887
- State v. . PhillipsSupreme Court of North Carolina · 1889
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . ReavesSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BooneSupreme Court of North Carolina · 1982
- State v. . HefnerSupreme Court of North Carolina · 1930
- State v. RobertsSupreme Court of North Carolina · 1977
- State v. . NashSupreme Court of North Carolina · 1891
- State v. . MillerSupreme Court of North Carolina · 1886