State v. . Jennings
Supreme Court of North Carolina
Secret Felonious Assault — Statute—Verdict. The defendant was indicted for Secret and Malicious Assault with intent to kill (under ch. 32, Laws of 1887), and tried at the August Term, 1889, of the Superior Court of LbNOIE County, before Bynum, J. The prosecutor and another witness were examined for the State. No testimony was offered for the defendant.
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Secret Felonious Assault — Statute—Verdict. The defendant was indicted for Secret and Malicious Assault with intent to kill (under ch. 32, Laws of 1887), and tried at the August Term, 1889, of the Superior Court of LbNOIE County, before Bynum, J. The prosecutor and another witness were examined for the State. No testimony was offered for the defendant. The material parts of the testimony were, in substance, as follows: “ The prosecutor was standing on the public square, eight or ten feet from the street, in Kinston, during the early part of one night in the February previous to the Court,…
1Opinion of the CourtAvery, J.
— after stating the facts: The statute under which the indictment was drawn provides “ that any person who shall maliciously commit an assault and battery with any deadly weapon upon another by waylaying, or otherwise in a secret manner, with intent to kill such person, shall be guilty of a felony,” &c.
The Judge in the Court below was requested to instruct the jury, among other things, in substance, that the statute includes those assaults and batteries which are committed in such a manner as tends to conceal and keep from the public the identity of the assailant, and thereby evade the law…
2Cited by9 opinions
- State v. . KnottsSupreme Court of North Carolina · 1914
- State v. . ShadeSupreme Court of North Carolina · 1894
- State v. . HarrisSupreme Court of North Carolina · 1897
- State v. . BridgesSupreme Court of North Carolina · 1919
- State v. BridgesSupreme Court of North Carolina · 1919
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