State v. . Leary
Supreme Court of North Carolina
INDICTMENT for an assault and battery tried at Fall Term, 1882, of CumbeelaND Superior Court, before Gilmer, J. The assault was made with a gun; the defendant was convicted, and upon judgment being pronounced against him, appealed to this court upon the ground of error committed in the charge of the court to the jury.
1Opinion of the CourtAshe, J.
The case is so imperfectly made out that we cannot see what were the facts. We can only infer them from the testimony proposed to be offered by the defendant, his instructions asked, and the charge of His Honor.
The only statement of facts contained in the record are, that the state, without objection from the defendant, proved by the prosecutor that the difficulty between him and the defendant occurred on land of which he was and had been for ten years in possession.
The defendant testified in his own behalf, and admitted that he shot the prosecutor with a gun, and proposed to prove that he…
2Cited by6 opinions
- State v. . SudderthSupreme Court of North Carolina · 1922
- State v. EasonSupreme Court of North Carolina · 1955
- McCullers v. StateDistrict Court of Appeal of Florida · 1968
- State v. . AgnewSupreme Court of North Carolina · 1932
- State v. . LutterlohSupreme Court of North Carolina · 1924
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