Legal Opinion

State v. . Weathers

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 9 opinions

This was an ikdictment for an affray, tried before Merri-mon, Judge, at September Term, 1887, of Wake Superior Court. The defendant Ed. Weathers and three others are charged in the indictment with committing an affray and mutually assaulting each, and upon their trial he and Monroe Rowland were found guilty and the others acquitted.

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This was an ikdictment for an affray, tried before Merri-mon, Judge, at September Term, 1887, of Wake Superior Court. The defendant Ed. Weathers and three others are charged in the indictment with committing an affray and mutually assaulting each, and upon their trial he and Monroe Rowland were found guilty and the others acquitted. Thereupon, after a motion for a new trial made and ‘refused, the Court pronounced judgment, that the convicted defendants be put to work on the public roads of the county by the County Commissioners, and so kept for the term of six months from October 4th, 1887.…

1Opinion of the CourtSmith, C. J.

There were many witnesses examined, seven in number, and among whom were all the accused except Carey Rowland, and these, other than those participating in the fight, seeing parts of it only, and not the whole, introduce confusion and uncertainty in their narrative of the facts. There is, however, a general concurrence in representing a severe fight between the principal offenders, and the use of a grubbing-hoe, or attempt to use it, and the infliction of a wound upon the head of the appellant, from which, as he emerged from the house, there was a profuse .flow of blood — a fight in which the…

2Cases cited3 opinions

  1. Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
  2. Jackson v. Commissioners of Greene CountySupreme Court of North Carolina · 1877
  3. Willey v. GatlingSupreme Court of North Carolina · 1874

3Cited by9 opinions

  1. State v. . RhinehartSupreme Court of North Carolina · 1936
  2. State v. . HambySupreme Court of North Carolina · 1900
  3. State v. HaynieSupreme Court of North Carolina · 1896
  4. State v. Young.Supreme Court of North Carolina · 1905
  5. State v. . SmithSupreme Court of North Carolina · 1900

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