State v. . Beal
Supreme Court of North Carolina
CeimiNal action for assault with a deadly weapon, to wit, with a rock weighing 3 pounds, tried before Cline, J., and a jury at April Term, 1915, of Macon. The defendant was indicted for an assault with a deadly weapon, to wit, a rock weighing about 3 pounds.
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CeimiNal action for assault with a deadly weapon, to wit, with a rock weighing 3 pounds, tried before Cline, J., and a jury at April Term, 1915, of Macon. The defendant was indicted for an assault with a deadly weapon, to wit, a rock weighing about 3 pounds. The evidence tends to show that a warrant had been issued and delivered to an officer for the arrest of Harworth Beal, a brother of the defendant; that on the night of the alleged assault the officer saw the party for whom he had the warrant in a tent of some kind in the town of Highlands. The officer had carried the warrant with him for…
1Opinion of the Court
“Walker, J.,
after stating the case: The defendant assigned three errors. The court failed to instruct the jury, as requested, that the defendant had the right to interfere and demand the production of the warrant, and, this being refused, to knock the officer down with the rock in order to rescue his brother; but in this we see no error, if the jury find the facts to be as the witness stated them. Justice Soke said in S. v. Hill, 141 N. C., 769, 771: “It is true, as a general rule, or under ordinary conditions, tbat tbe law does not justify or excuse tbe use of a deadly weapon to repel a…
2Cases cited15 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. . MatthewsSupreme Court of North Carolina · 1878
- State v. . DickSupreme Court of North Carolina · 1864
- State v. Hill.Supreme Court of North Carolina · 1906
- State v. . BryantSupreme Court of North Carolina · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. SmithCourt of Appeals of North Carolina · 2007
- State v. SturdivantSupreme Court of North Carolina · 1981
- State v. TorainSupreme Court of North Carolina · 1986
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- State v. MobleySupreme Court of North Carolina · 1954
14 more not listed; retrieve them via the Exa API.