State v. . Shade
Supreme Court of North Carolina
Criminal action, tried at September Term, 1894, of Burke Superior Court, before Allen, J. The indictment is, in substance, as follows: “The jurors, etc., present that Rachael Shade, etc, unlawfully, wilfully, maliciously, feloniously and in a secret manner, and with a certain deadly weapon, to wit, a pistol, in and upon the body of one Rose Wright did make an assault with the intent then and there to kill the said Rose Wright, her the said Rose Wright did beat, bruise and…
Read the full summary
Criminal action, tried at September Term, 1894, of Burke Superior Court, before Allen, J. The indictment is, in substance, as follows: “The jurors, etc., present that Rachael Shade, etc, unlawfully, wilfully, maliciously, feloniously and in a secret manner, and with a certain deadly weapon, to wit, a pistol, in and upon the body of one Rose Wright did make an assault with the intent then and there to kill the said Rose Wright, her the said Rose Wright did beat, bruise and seriously injure, against the form of the statute,” etc. The case states that the defendant was charged with committing a…
1Opinion of the Court
Avery, J.:
The defendant’s counsel moves in arrest of judgment on the ground that the indictment does not charge that the assault was committed by waylaying, and does not specify the secret manner in which it was committed. The gravamen of the offence created by the statute (Laws 1887, chapter 32) is that the assault must be committed “ in a secret manner with intent to kill ” the person assailed. The language which the defendant claims was not so followed in the indictment as to put him on notice of the precise nature of the offence with which he was charged, was “ by waylaying or otherwise.”…
2Cases cited4 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- State v. . JenningsSupreme Court of North Carolina · 1889
- State v. . HaddockSupreme Court of North Carolina · 1891
- State v. . McIntoshSupreme Court of North Carolina · 1885
3Cited by20 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. McAllisterSupreme Court of North Carolina · 1975
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. RussellSupreme Court of North Carolina · 1972
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
15 more not listed; retrieve them via the Exa API.