State v. . Green
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Granville County, at the Fall Term, 1846, his Honor Judge Battle, presiding. This is an indictment for an assault and biting off “the ear” of W. H. on purpose and unlawfully, but without “ malice aforethought,” and it concludes contra formam statuti.
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Appeal from the Superior Court of Law of Granville County, at the Fall Term, 1846, his Honor Judge Battle, presiding. This is an indictment for an assault and biting off “the ear” of W. H. on purpose and unlawfully, but without “ malice aforethought,” and it concludes contra formam statuti. After conviction, the prisoner’s counsel objected,, that sentence could not be passed under the statute, Rev. St. ch. 34, sec. 48, because the indictment is uncertain and insufficient, inasmuch as it does not state which ear was-bitten off. The presiding Judge was of that opinion, and refused to give…
1Opinion of the CourtRuffin, C. J.
After a resolution in Longos case, 5 Rep. 120, that certainty to a certain intent in general is required in indictments, and no more, Lord Coke stages a further resolution, that charging a stroke on the head, or on the face,.or upon the right hand, or left arm, is sufficient,, though not specifying on what part of the head or face the stroke was given, or whether it was on the bade or palm of the right or left hand, or on what part of the arm: but that super manurn, or super hrachium, or super latus, without “ the right” or “ the left,” is not sufficient, because in such cases the part of a…
2Cited by1 opinion
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