State v. . Blalock
Supreme Court of North Carolina
Affray, tried before Mitchell, J., at Fall Term, 1866, of the Superior Court ol Caldwell. The four defendants convicted in this case, together with twelve others, had been^indieted for unlawfully assembling together and committing an affray. All of the original defendants were citizens of the Slate, and all, with the exception of one Jesse Moore, claimed to be enlisted soldiers in the Federal service.
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Affray, tried before Mitchell, J., at Fall Term, 1866, of the Superior Court ol Caldwell. The four defendants convicted in this case, together with twelve others, had been^indieted for unlawfully assembling together and committing an affray. All of the original defendants were citizens of the Slate, and all, with the exception of one Jesse Moore, claimed to be enlisted soldiers in the Federal service. Jesse Moore and four others, who were members of the home guard organization of the State, were assembled at the house of one Carroll Moore, in Caldwell county, on the night of the 7th January,…
1Opinion of the CourtReade, J.
There were eighteen persons indicted in this Case. They were citizens of North Carolina, and during the war they enlisted in the Federal service and engaged in a fight with arms, with certain of the home guards in the Confederate service; and some were wounded on both sides.
Several interesting questions were discussed at the bar as to the regularity of the enlistment, and of the swearing and mustering in of the defendants, involving the general question, Whether they were soldiers in the Federal service-at all; and if they were, then, whether they were acting under orders or were marauders.
But…
2Cited by10 opinions
- State v. FrazierSupreme Court of North Carolina · 1972
- Jamison v. FlannerSupreme Court of Kansas · 1924
- State v. . BowmanSupreme Court of North Carolina · 1907
- In re BriggsSupreme Court of North Carolina · 1904
- In Re BriggsSupreme Court of North Carolina · 1904
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