Legal Opinion

State v. . Price

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 2 opinions

This was an indictment for assault and battery, tried at the February Term, 1892, of Union Superior Court, before Bynum, J. The facts are stated in the opinion.

1Opinion of the Court

Clark, J.:

The Court instructed the jury that the plea of “former acquittal” could not be sustained because the warrant issued by the Justice of the Peace contained no charge. The words used therein that the defendants did “ assault and strike ” the prosecutor are sufficient. We learn, however, that the ruling was made upon the ground that the warrant did not recite that it was issued upon a “sworn” complaint.

In State v. Bryson, 84 N. C., 780 it is held: “ An appellate Court, in reviewing the judgment of a Justice’s Court in a criminal action can only look at the warrant, which is the…

2Cases cited4 opinions

  1. State v. . PetersSupreme Court of North Carolina · 1890
  2. State v. . RaySupreme Court of North Carolina · 1883
  3. State v. . FespermanSupreme Court of North Carolina · 1891
  4. State v. . BrysonSupreme Court of North Carolina · 1881

3Cited by2 opinions

  1. State v. . AlbertsonSupreme Court of North Carolina · 1893
  2. State v. Lucas.Supreme Court of North Carolina · 1905

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