State v. . Baker
Supreme Court of North Carolina
This was an indictment for an assault and battery, tried before his Honor, Judge Oloud, at the last Spring Term of Rowan Superior Court.
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This was an indictment for an assault and battery, tried before his Honor, Judge Oloud, at the last Spring Term of Rowan Superior Court. The testimony on the trial was that the parties were at a country store; that the defendant approached the prosecutor, and said, “ I once thought we were Mends, but I understand you have said thus and so about me, and you have got to take it back. ” The prosecutor said in reply, “ that he would not take back anything that he had said,” whereupon, the defendant put his hand, opened and flat, on the prosecutor’s breast and pushed him back some steps, when the…
1Opinion of the CourtReads, J.
The defendant went up to the prosecutor and said, “ I once thought we were Mends, but I understand you have said thus and so about me, and you have got to take it back.” The prosecutor refused to take it back, “whereupon the defendant put his hand, open and flat, on the prosecutor’s breast and pushed him back some steps,, when he fell over a flour barrel.”
At first sight this seems to be so indisputably an assault and battery, that, lest it be supposed that the defendant is encumbering the Court with trifles, it is necessary to state the ingenious shifts of his learned counsel in presenting…
2Cited by5 opinions
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