Legal Opinion

State v. Mincher

Supreme Court of North Carolina

Decided November 9, 1916PublishedCited by 3 opinions

INDICTMENT for assault and battery, tried at May Term, 1916, of Lenoir, before Bond, J. There was a verdict of guilty. The court sentenced defendant to twelve months imprisonment in the common jail of Lenoir County, not to be worked on the roads. The defendant, appealed.

1Opinion of the CourtBrown, J.

The defendant was a convict guard of the county of Lenoir, acting under the superintendent of the road force, one Bryant Taylor. He is indicted for whipping Junius Potter, a convict. At the conclusion of all the evidence the court instructed the jury that if they found the facts to be as testified to by the witnesses, they should render a verdict of guilty. The only witness introduced by the State was Jim Benton, an ex-convict, who had served a term on the roads. He testified that while he was on the roads he saw defendant whip Junius Potter with a strap 2% inches wide, 2% feet long, and %…

2Cases cited4 opinions

  1. State v. . WeddingtonSupreme Court of North Carolina · 1889
  2. State v. . SpeaksSupreme Court of North Carolina · 1886
  3. State v. . GouldSupreme Court of North Carolina · 1884
  4. State v. . NipperSupreme Court of North Carolina · 1914

3Cited by3 opinions

  1. State v. . WoodliefSupreme Court of North Carolina · 1916
  2. Watson v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 1980
  3. Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923

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