State v. . Yancey
Supreme Court of North Carolina
INDICTMENT for assault, tried before bis Honor M»ore J, at July Special Term, 1875, of the Superior Court of Gkanville county. Trial by jury having been waived his Honor found the following facts: On 9th .day of January, 1875, about 12 o’clock, the prosecutor, "William D. Eoyster, was in the public * highway near Nntbush Bridge in the county of Granville, and the defendant was in an adjacent field.
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INDICTMENT for assault, tried before bis Honor M»ore J, at July Special Term, 1875, of the Superior Court of Gkanville county. Trial by jury having been waived his Honor found the following facts: On 9th .day of January, 1875, about 12 o’clock, the prosecutor, "William D. Eoyster, was in the public * highway near Nntbush Bridge in the county of Granville, and the defendant was in an adjacent field. The defendant rode up to the fence which separated the field from the highway and asked the prosecutor if he had seen any hogs. The prosecutor said he had not. The defendant, who was riding on a…
1Opinion of the Court
Reade J.
When the defendant drew his knife and threatened the prosecutor and started towards him, being already within five or six feet of him, this was undoubtedly an assault, and the defendant is guilty, unless the conduct of the. prosecutor made the assault justifiable.
The prosecutor, at that time was committing a trespass upon the property of the defendant in his presence, by holding on to the defendant’s saddle and claiming it as his own, and calling to another for help with the purpose of taking it by force, as the defendant had reasonable ground to believe. This conduct of the…
2Cases cited1 opinion
- State v. . PowersSupreme Court of North Carolina · 1876
3Cited by8 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- People v. HubbardCalifornia Court of Appeal · 1923
- State v. LeeSupreme Court of North Carolina · 1962
- Curlee v. . ScalesSupreme Court of North Carolina · 1931
- State v. NickersonMontana Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.