State v. . Russell
Supreme Court of North Carolina
Indictment for assault and battery tried at Spring Term, 1884, of Sampson Superior Court, before Shepherd, J. There were two counts in the indictment, one of which charged that the alleged assault was committed with a deadly weapon, without specifying the weapon, and the other did not aver the use of a deadly weapon but charged that serious damage had been done.
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Indictment for assault and battery tried at Spring Term, 1884, of Sampson Superior Court, before Shepherd, J. There were two counts in the indictment, one of which charged that the alleged assault was committed with a deadly weapon, without specifying the weapon, and the other did not aver the use of a deadly weapon but charged that serious damage had been done. Before pleading, the defendant moved to quash the indictment on the ground that the particular kind of weapon used was not named in the bill. The motion was overruled, and the defendant excepted. After verdict of guilty the defendant…
1Opinion of the CourtAshe, J.
The motion of the defendant in arrest of judgment was properly overruled, notwithstanding the first count in the bill of indictment charging the assault and battery to have been committed with a deadly weapon, is obnoxious to the objection by the defendant.
In State v. Moore, 82 N. C., 659, it is held that in indictments for assaults with intent to commit rape, or where a deadly weapon has been used or serious damage done, then jt is necessary for the bill to contain the proper averments of th,e intent, the character of the weapon used and the extent of the injury. This would seem at first…
2Cases cited5 opinions
- 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. . GainusSupreme Court of North Carolina · 1882
- State v. . TaylorSupreme Court of North Carolina · 1880
3Cited by8 opinions
- State v. RorieSupreme Court of North Carolina · 1960
- State v. . CunninghamSupreme Court of North Carolina · 1886
- State v. . PorterSupreme Court of North Carolina · 1888
- State v. . PhillipsSupreme Court of North Carolina · 1889
- State v. BattleSupreme Court of North Carolina · 1902
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