State v. . Berry
Supreme Court of North Carolina
Indictment for an Assault, tried at Spring Term, 1880, of Perquimans Superior Court, before Graves, J. The defendant was indicted for a simple assault.
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Indictment for an Assault, tried at Spring Term, 1880, of Perquimans Superior Court, before Graves, J. The defendant was indicted for a simple assault. The jury returned a special verdict-,, and among other facts found by them, was the fact that the assault was committed on or about the first day ‘of March, 1880, which was within six; months befóte the finding of the bill at said term of the Qourt, His Honor held that according to the finding of UtQ jury upon the facts of the ease, that the defendant was guilty of an assault; but as it also appeared from the bill and the finding of the jury,…
1Opinion of the Court
Ashe, I.
In this ruling we hold there was no error. The .act of 1879, ch. 92, § 2, gives exclusive jurisdiction to justices of the peace of all affrays, assaults, and assaults and batteries, and fixes the maximum of the punishment for such offences at a fine of fifty dollars or imprisonment for thirty days. And it is provided in section eleven of the same act, that nothing in “ this act shall be construed to prevent said courts (superior, inferior or criminal) from assuming jurisdiction of affrays, assaults, and assaults and batteries, if some justice of the peace shall not, within six months…
2Cases cited1 opinion
- State v. . MooreSupreme Court of North Carolina · 1880
3Cited by3 opinions
- Bishop v. StateSupreme Court of Georgia · 1903
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. . EarnestSupreme Court of North Carolina · 1887