State v. . Perry
Supreme Court of North Carolina
Indictment for an affray, tried before Caldwell, J., at the last Fall Term, of Currituck Superior Court. The facts are, that the defendant and one 'Whitehall met near the court-house of Currituck county ; the defendant asked Whitehall to walk aside with him, saying that he wished to have a friendly talk with him; Whitehall did so, whereupon the defendant immediately commenced abusing the other in a violent manner, accusing him of stealing cattle and mismarking hogs, and said…
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Indictment for an affray, tried before Caldwell, J., at the last Fall Term, of Currituck Superior Court. The facts are, that the defendant and one 'Whitehall met near the court-house of Currituck county ; the defendant asked Whitehall to walk aside with him, saying that he wished to have a friendly talk with him; Whitehall did so, whereupon the defendant immediately commenced abusing the other in a violent manner, accusing him of stealing cattle and mismarking hogs, and said that he knew enough against his wife and daughter to sink them into hell. Whitehall thereupon pulled off his coat,…
1Opinion of the CourtBattle, J.
An affray is defined to be the fighting of two or more persons in a public place to the terror of the citizens ; State v. Allen, 4 Hawks’ Pep. 356 ; State v. Woody, 2 Jones’ Pep. 335. From this definition, it seems to ns to be plain, that if one person, by such abusive language towards another as is calculated and intended to bring on a fight, induces that other to strike him, he is guilty, though he may be unable to return the blow. He is undoubtedly the immediate cause of the breach of the peace, and is morally the more guilty of the two ; and we are not aware of any principle which…
2Cited by12 opinions
- State v. . CrispSupreme Court of North Carolina · 1916
- State v. . BaldwinSupreme Court of North Carolina · 1922
- State v. . RobinsonSupreme Court of North Carolina · 1938
- State v. WatsonSupreme Court of North Carolina · 1975
- State v. RobinsonSupreme Court of North Carolina · 1938
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