State v. . Earnest
Supreme Court of North Carolina
CRIMINAL action, tried before MacRae, Judge, at Spring Term, 1887, of Caldwell Superior Court. The indictment charges that the defendant “ did assault, beat, and seriously injure one Mary E. Livingston,” &c. * The defendant moved to quash the same, upon the ground that it failed to charge “wherein the serious injury consisted.” The Court denied the motion, and the defendant pleaded not guilty.
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CRIMINAL action, tried before MacRae, Judge, at Spring Term, 1887, of Caldwell Superior Court. The indictment charges that the defendant “ did assault, beat, and seriously injure one Mary E. Livingston,” &c. * The defendant moved to quash the same, upon the ground that it failed to charge “wherein the serious injury consisted.” The Court denied the motion, and the defendant pleaded not guilty. On the trial, the evidence went to prove that the offence charged was committed within six months next before the beginning of the action, and an “ indecent assault upon the person of the prosecutrix.”…
1Opinion of the CourtMerrimon, J.
The indictment is not sufficient to charge an offence, within the exceptional provision, in respect to assaults and other offences where “serious damage is done,” of the statute (The Code, §892,) prescribing the exclusive original criminal jurisdiction of justices of the peace. It should, in apt words, describe the “ serious damages ” done, their character and extent, so that the Court can see from the face of the indictment the particular descriptive facts charged, that th'e offence contemplated by the statute is charged.
To simply charge that the prosecutor was “ seriously injured ” or…
2Cases cited6 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- State v. . RaySupreme Court of North Carolina · 1883
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . ReavesSupreme Court of North Carolina · 1881
- State v. . RussellSupreme Court of North Carolina · 1884
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3Cited by7 opinions
- State v. . HefnerSupreme Court of North Carolina · 1930
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. BattleSupreme Court of North Carolina · 1902
- State v. . FespermanSupreme Court of North Carolina · 1891
- State v. . KerbySupreme Court of North Carolina · 1892
2 more not listed; retrieve them via the Exa API.