State v. Hill.
Supreme Court of North Carolina
INDICTMENT of W. E. Hill for assault with deadly weapon, heard by Judge W. B. Gouncill and a jury, at the July Term, 1905, of the Superior Court of Onslow. There was evidence of the State tending to show that the defendant was guilty of an inexcusable assault with, a knife on one H. A. Jarman. The defendant in his own behalf testified: “On May 30 I went down in the field after breakfast to finish thinning corn; hadn’t been there long before II.
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INDICTMENT of W. E. Hill for assault with deadly weapon, heard by Judge W. B. Gouncill and a jury, at the July Term, 1905, of the Superior Court of Onslow. There was evidence of the State tending to show that the defendant was guilty of an inexcusable assault with, a knife on one H. A. Jarman. The defendant in his own behalf testified: “On May 30 I went down in the field after breakfast to finish thinning corn; hadn’t been there long before II. A. Jarman came down in the field with a little sack on his shoulder, and when he got in speaking distance of me •he said, ‘Why in hell didn’t you…
1Opinion of the Court
Hoke, J.,
after stating tbe case: The defendant, by exceptions properly, noted, assigns for error, first, that on the testimony he was entitled to have his plea of self-defense passed on by the jury; second, that in any event, the court erred in directing a verdict against him. We are of opinion that both points are well taken.
It is true, as a general rule, or under ordinary conditions, that the law does not justify or excuse the use of a deadly weapon to repel a simple assault. This principle does not apply, however, where from the testimony it may be inferred that the use of such weapon was…
2Cases cited5 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- State v. Hough.Supreme Court of North Carolina · 1905
- State v. . BarrettSupreme Court of North Carolina · 1898
- State v. Green.Supreme Court of North Carolina · 1904
- State v. . AikenSupreme Court of North Carolina · 1893
3Cited by40 opinions
- American National Bank v. FountainSupreme Court of North Carolina · 1908
- State v. . SingletonSupreme Court of North Carolina · 1922
- State v. PearsonSupreme Court of North Carolina · 1975
- State v. . BostSupreme Court of North Carolina · 1926
- Smathers v. Toxaway Hotel Co.Supreme Court of North Carolina · 1915
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