State v. . McNeill
Supreme Court of North Carolina
, INDICTMENT for an Assault, tried before Buxton, J., at the. Spring Term, 1876, of Moore Superior Court. The facts necessary to an understanding of the case as decided, are stated in the opinion of the Court. . There ivas a verdict of “ guilty,” and judgment thereupon. The defendant appealed.
1Opinion of the CourtBynum, J.
This indictment contains three counts; the first is for an assault with a deadly weapon, with intent to •Mil; the second for an assault with a deadly weapon, with intent to injure; and the third is for a common assault and battery.
There was a general verdict of guilty, without the verdict specifying upon which count the finding was made. The question is, whether upon this verdict and for the offences charged in the indictment, the Court can sentence the defendant to imprisonment in the penitentiary. We think' it cannot.
Sections 7 and 8, chap. 167 of -the Acts of 1868-’9, prescrib- mg the…
2Cases cited1 opinion
- In Re SchenckSupreme Court of North Carolina · 1876
3Cited by14 opinions
- Ex Parte CainSupreme Court of Oklahoma · 1908
- Creekmore v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Ireland v. StateCourt of Appeals of Maryland · 1987
- State v. WillisSupreme Court of North Carolina · 1961
- State v. . BentleySupreme Court of North Carolina · 1943
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