State v. Haynie
Supreme Court of North Carolina
This was an INDICTMENT for assault and battery with a deadly weapon upon one James West, tried before Ewart, J., and a jury, at February Term, 1896, of MadisoN Criminal Court.
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This was an INDICTMENT for assault and battery with a deadly weapon upon one James West, tried before Ewart, J., and a jury, at February Term, 1896, of MadisoN Criminal Court. The following is the evidence : J. N. West, the prosecuting witness, testified that he was at Sector’s hotel in Marshall at supper; that Peter Hay-nie, the defendant, was looking through the window of the room with an open knife in his hand, and that Haynie called to him: “ Hello, little nigger, what are you doing here? ” and he replied, “ I eat here ; what are you doing here ? You had better be at home with your wife…
1Opinion of the Court
Clark, J.:
The physician was competent to testify as to the nature of the wounds and to corroborate the prosecutor in that respect. The court was asked to charge that if the defendant was being severely choked by the prosecutor, so that his life was in danger, then this was “ being .pressed to the wall,” and the defendant would be not guilty. The court charged in lieu thereof that if the jury found that the defendant and the prosecutor both entered the fight willingly,- and during its progress the prosecutor seized the defendant by the throat so that he was under reasonable apprehension of…
2Cases cited4 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. . PettieSupreme Court of North Carolina · 1879
- State v. . WeathersSupreme Court of North Carolina · 1887
- State v. . HicksSupreme Court of North Carolina · 1888
3Cited by5 opinions
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