State v. . Telfair
Supreme Court of North Carolina
This was an indictment for a secret assault (drawn under chapter 32, Laws of 1887), tried at the Fall Term, 1891, of the Superior Court of Pitt County, before Connor, J. The prosecutor testified, among other things, that the defendant lived near to him in the same township, in Pitt County; was known to him and had traded at his store, and that on the 26th of May previous he was going from his home to his store, about 7:30 p. m., when some one, who was standing behind a…
Read the full summary
This was an indictment for a secret assault (drawn under chapter 32, Laws of 1887), tried at the Fall Term, 1891, of the Superior Court of Pitt County, before Connor, J. The prosecutor testified, among other things, that the defendant lived near to him in the same township, in Pitt County; was known to him and had traded at his store, and that on the 26th of May previous he was going from his home to his store, about 7:30 p. m., when some one, who was standing behind a fence, fired a gun loaded with B. B. and buckshot, one of the shot striking witness, others passing through his clothes and…
1Opinion of the CourtAvery, J.
after stating the facts: The defendant’s request for instruction was equivalent to a demurrer to the strongest phase of the testimony which is presented in the foregoing summary, of those facts tending to establish his guilt. This evidence, together with other testimony tending to explain or contradict it, which it is not necessary to set forth here, should, unquestionably have been submitted to the jury to determine whether they entertained any reasonable doubt of the defendant’s guilt. There is no exception to the terms of the charge, which seems to have been conceived in a spirit of…
2Cases cited4 opinions
- State v. . McBrydeSupreme Court of North Carolina · 1887
- State v. . ChristmasSupreme Court of North Carolina · 1888
- State v. . DixonSupreme Court of North Carolina · 1889
- State v. . PerkinsSupreme Court of North Carolina · 1889
3Cited by2 opinions
- State v. . CarmonSupreme Court of North Carolina · 1907
- State v. . HarrisSupreme Court of North Carolina · 1897