State v. . Pugh
Supreme Court of North Carolina
Indictment for an assault and battery, tried before Dick, J-., at the last Eall Term of Randolph Superior Court. The offence was alledged to have been'Committed on the body of one Elizabeth Eoust.
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Indictment for an assault and battery, tried before Dick, J-., at the last Eall Term of Randolph Superior Court. The offence was alledged to have been'Committed on the body of one Elizabeth Eoust. She testified that she and the defendant attended a public school as pupils; that one evening after the school was dismissed, she started to go home, leaving the defendant at the school-house; that she had proceeded on her way about half a mile, when she saw the defendant- approaching her in a run; that he soon overtook her and forcibly and against her will, threw her down upon the ground, and held…
1Opinion of the Court
Pearson, J*
The wisdom of the common law is illustrated in the rule, that for an ordinary assault and battery, a boy under the age of fourteen, is not liable to indictment; for in the nature of things, “fist-fights,” in which there will be some scratching and pulling of hair, will occasionally occur between school-boys and others, and it is better to leave such matters to the correction which the parent or school-master may, in their discretion inflict, than give importance to it, by bringing “Young America” into court like a man, with all the pomp and circumstance of a trial by the court and…
2Cited by4 opinions
- State v. . BurnettSupreme Court of North Carolina · 1920
- State v. . SmithSupreme Court of North Carolina · 1938
- State v. FiskNorth Dakota Supreme Court · 1906
- State v. . SamSupreme Court of North Carolina · 1864