Legal Opinion

State v. . Watts

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 3 opinions

INDICTMENT for an assault with intent to commit rape, tried at Fall Term, 1879, of Haywood Superior Court, before Graves, J. ' The defendant was convicted of the simple assault but not of the assault with intent to commit rape.

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INDICTMENT for an assault with intent to commit rape, tried at Fall Term, 1879, of Haywood Superior Court, before Graves, J. ' The defendant was convicted of the simple assault but not of the assault with intent to commit rape. Upon judgment being pronounced against him he appealed to the supreme court, when, at the January term, 1880, it was held there was no error in the proceedings had in the superior court. 82 N. C., 656. At fall term, 1880, of said superior court the defendant appeared before the court (Judge Gilmer presiding) and on motion of the solicitor for the district, judgment was…

1Opinion of the CourtAshe, J.

In considering the question raised by the appeal, we have thought it might clear up some doubts by giving a full history of the jurisdiction of the courts over the subject of assaults, and assaults and batteries.

The act of 1869, ch. 178, sections 1, 2 and 6, gave justices-of the peace final jurisdiction of assaults,, and assaults and batteries, under certain circumstances (see Bat. Rev., ch. 33, § 119, and sub-sections 1, 2' and 3), but these sections in relation to these offences were repealed by the act of 187G-T, ch. 43, § 2 (Bat. Rev., ch. 32, §. Ill,) which says, that “ in all-cases of…

2Cases cited1 opinion

  1. State v. . HeidelburgSupreme Court of North Carolina · 1874

3Cited by3 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1886
  2. State v. . FespermanSupreme Court of North Carolina · 1891
  3. State v. . JohnsonSupreme Court of North Carolina · 1886

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