State v. Daniel
Supreme Court of North Carolina
INDICTMENT against- Richard Daniel, _heard by Judge G. M. GooJce and a jury, at November Term, 1903, of tbe Superior Court of Halifax County. Indictment for assault with a deadly weapon. Edgar Alston, a witness for -the State, testified: “I went to my bog-pen one Sunday at Littleton, about two’ months ago, taking them slops. Just below tbe bog-pen, when I got there, was tbe defendant and bis brother-im-law, Mr. Burton.
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INDICTMENT against- Richard Daniel, _heard by Judge G. M. GooJce and a jury, at November Term, 1903, of tbe Superior Court of Halifax County. Indictment for assault with a deadly weapon. Edgar Alston, a witness for -the State, testified: “I went to my bog-pen one Sunday at Littleton, about two’ months ago, taking them slops. Just below tbe bog-pen, when I got there, was tbe defendant and bis brother-im-law, Mr. Burton. After I fed tbe hogs and started towards tbe bouse tbe defendant called me to come to him. I told him I was in a burry to get back home to dress and go to preaching. He called…
1Opinion of the CourtWalkjsR, J.
We must consider this case as if the Court below had given only the first instruction to the jury as to what would be sufficient to convict the defendant of a simple assault, because the jury were told that if they found the facts to be as stated in either one of the three instructions they should return a verdict of guilty, and we are unable to determine by which of the instructions the jury were influenced in coming to their verdict. We think that the second and third instructions were correct in law; and if we could see clearly and with absolute certainty that the jury acted solely under…
2Cases cited13 opinions
- State v. . RawlesSupreme Court of North Carolina · 1871
- State v. . HamptonSupreme Court of North Carolina · 1868
- State v. . DavisSupreme Court of North Carolina · 1840
- State v. . JeffreysSupreme Court of North Carolina · 1895
- State v. . ChurchSupreme Court of North Carolina · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Dickens v. PuryearSupreme Court of North Carolina · 1981
- State v. RobertsSupreme Court of North Carolina · 1967
- State v. BoudreauSupreme Court of Rhode Island · 1974
- State v. DesoSupreme Court of Vermont · 1938
- State v. MorganSupreme Court of North Carolina · 1904
23 more not listed; retrieve them via the Exa API.