State v. . Swann
Supreme Court of North Carolina
This was an indictment for an assault with a deadly weapon with intent to kill, tried before his Honor, Cloud, J., at the last Term of the Superior Court for the County of McDowell. The indictment was founded upon the Act of 1868-’69, ch. 167, see. 8, and charged that the assault was made upon the prosecutor, William Eorney, “ with a certain pistol, then and there, loaded with gunpowder, and one leaden bullet,” with intent to kill him.
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This was an indictment for an assault with a deadly weapon with intent to kill, tried before his Honor, Cloud, J., at the last Term of the Superior Court for the County of McDowell. The indictment was founded upon the Act of 1868-’69, ch. 167, see. 8, and charged that the assault was made upon the prosecutor, William Eorney, “ with a certain pistol, then and there, loaded with gunpowder, and one leaden bullet,” with intent to kill him. After conviction, the defendant’s counsel moved in arrest of judgment because, 1st. The bill of indictment failed to charge that the assault was made with a…
1Opinion of the CourtReade, J.
1. It is not necessary that an indictment under a statute should be in the very words of the statute — as where the statute makes it indictable and punishable in the Penitentiary for one to shoot atanother with “any kind of firearms,” it is sufficient to charge that it was “ with a certain pistol, then and there, loaded with gunpowder and one leaden bullet,” because the Court can see that this is a “fire-arm.”
And so it was not necessary to charge that it was a “deadly weapon ” in the words of the statute; because the Court will take notice that a loaded pistol within carrying distance is a…
2Cited by4 opinions
- State v. BondSupreme Court of Missouri · 1905
- State v. ClaytonSupreme Court of Missouri · 1890
- Keesier v. StateIndiana Supreme Court · 1900
- State v. Frisbee.Supreme Court of North Carolina · 1906