State v. Huntly
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson county, at Spring Term, 1843, his Honor Judge Settle presiding. The defendant was tried upon the following indictment, found in Anson Superior Court : The jurors for the State upon their oath present, thaf Robert S. Huntly, late of the county aforesaid, laborer, on the first day of September, in the present year, with force and arms, at and in the county aforesaid, did arm himself with pistols, guns, knives and other dangerous…
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Appeal from the Superior Court of Law of Anson county, at Spring Term, 1843, his Honor Judge Settle presiding. The defendant was tried upon the following indictment, found in Anson Superior Court : The jurors for the State upon their oath present, thaf Robert S. Huntly, late of the county aforesaid, laborer, on the first day of September, in the present year, with force and arms, at and in the county aforesaid, did arm himself with pistols, guns, knives and other dangerous and unusual weapons, and, being,so armed, did go forth and exhibit himself openly, both in the day time and in the night,…
1Opinion of the CourtGaston, J.
On the trial it was insisted by the defendant’s counsel, and the judge was required so to instruct the jury, that if the facts charged' in the indictment were all true, they nevertheless constituted in law no offence of which they could find the defendant guilty. His Honor refused this prayer, and instructed the jury, that, il the facts charged were proved to their satisfaction, it was their duty to find him guilty. The same ground of defence has been taken here by way of a motion in arrest of judgment; but we are of opinion that in whatever form presented, it is not tenable.
The argument is,…
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