State v. . Norton
Supreme Court of North Carolina
INDICTMENT for an. Assault, tried at Fall Term, 1879, of Madison Superior Court, before Graves, I. The defendant was indicted for an assault and battery, and it was charged in the indictment that the assault was made with a deadly weapon and serious damage done to the prosecutor, one Shepherd; but there was no proof that the assault was committed with a pistol or any other deadly weapon, or that any serious injury was done.
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INDICTMENT for an. Assault, tried at Fall Term, 1879, of Madison Superior Court, before Graves, I. The defendant was indicted for an assault and battery, and it was charged in the indictment that the assault was made with a deadly weapon and serious damage done to the prosecutor, one Shepherd; but there was no proof that the assault was committed with a pistol or any other deadly weapon, or that any serious injury was done. The state was permitted to prove that two weeks before the assault, the defendant exhibited a pistol and said " it was his friend, and if Shepherd ever crossed his path he…
1Opinion of the CourtAshe, J.
We are not aware of any principle of evidence upon which the declarations of the defendant, made two weeks before the assault, were admitted. We cannot see how they could explain or elucidate the transaction. They certainly were not admissible on the ground of being part of the res gestee. If the defendant had been indicted for murder, for an assault with intent to kill, for a conspiracy or forgery, or any other offence where the scienter or the quo animo constitutes a necessary part of the crime charged, such acts and declarations of the prisoner as tend to prove such knowledge or intent,…
2Cases cited1 opinion
- Tharp v. StateSupreme Court of Alabama · 1849
3Cited by9 opinions
- State v. . SimonsSupreme Court of North Carolina · 1919
- State v. . HarrellSupreme Court of North Carolina · 1890
- State v. . SkidmoreSupreme Court of North Carolina · 1882
- State v. DuncanSupreme Court of North Carolina · 1976
- State v. . MincherSupreme Court of North Carolina · 1919
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