State v. . Downing
Supreme Court of North Carolina
INDICTMENT for an off ray, tried before Moore, J., at Spring Term, 1815, WashingtoN Superior Court. The defendant was jointly indicted with one Levi Arnold. The facts in the case are substantially as follows : During tbe month of August, Arnold came to tbe front gate of Downing’s premises, and having called out Downing’s wife, began to curse and abuse her husband, because, as Arnold alleged, Downing had committed adultery with his (Arnold’s) wife.
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INDICTMENT for an off ray, tried before Moore, J., at Spring Term, 1815, WashingtoN Superior Court. The defendant was jointly indicted with one Levi Arnold. The facts in the case are substantially as follows : During tbe month of August, Arnold came to tbe front gate of Downing’s premises, and having called out Downing’s wife, began to curse and abuse her husband, because, as Arnold alleged, Downing had committed adultery with his (Arnold’s) wife. Downing came from his house to the gate, remaining on the inside. At that time Arnold was in a road leading from one public road to another. Tlie…
1Opinion of the CourtSettle, J.
Wo concur with his Honor in the opinion, that in any view of the case, the defendants were both guilty.
The evidence furnishes no ground for the defence relied upon by the defendant, to-wit, that one having reasonable ground to believe that great bodily harm is about to be inflicted upon him, has a right to- use such force as is necessary to protect himself.
It was not necessary for Downing, after he had left the gate at the road and gone some thirty or forty yards to his house, to return to the gate, with his pistol in his hand, in order to protect himself from great bodily harm. If indeed he…
2Cited by3 opinions
- State v. . HarrellSupreme Court of North Carolina · 1890
- State v. . LancasterSupreme Court of North Carolina · 1915
- State v. KimbrellSupreme Court of North Carolina · 1909