State v. . Albertson
Supreme Court of North Carolina
Indictment for an affray with a deadly weapon and serious injury, tried before Bryan, J, and a jury, at August Term, 1893, of DupliN Superior Court. The facts are sufficiently stated in the opinion of Associate Justice Clark. From the judgment on a verdict of “guilty” the defendant Albertson appealed.
1Opinion of the Court
Clark, J.:
The indictment charges an affray, in that the defendant and one -Maready did beat and wound each other with deadly weapons. The defendant Albertson pleaded former conviction. It was admitted that he had been tried before a Justice of the Peace and punished for a simple assault. The evidence, on the trial before the Superior Court, as before the Justice, showed that he had used no deadly weapon and inflicted no serious injury, though Maready, whom the jury acquitted, had. Upon this evidence the plea of former conviction should have been sustained.
In State v. Coppersmith, 88 N. C.,…
2Cases cited7 opinions
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. . ShellySupreme Court of North Carolina · 1887
- State v. . RaySupreme Court of North Carolina · 1883
- State v. JohnsonSupreme Court of North Carolina · 1886
- State v. . NashSupreme Court of North Carolina · 1891
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3Cited by10 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. . MidgettSupreme Court of North Carolina · 1938
- State v. BattleSupreme Court of North Carolina · 1902
- State v. . LancasterSupreme Court of North Carolina · 1915
- State v. . DockerySupreme Court of North Carolina · 1916
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