State v. . Crow
Supreme Court of North Carolina
The defendant was indicted and tried at the Spring Terxn 1841, of Rutherford Superior Court, before his honor Judge Battle, for an assault on one William Grayson. The case appeared to be this.
Read the full summary
The defendant was indicted and tried at the Spring Terxn 1841, of Rutherford Superior Court, before his honor Judge Battle, for an assault on one William Grayson. The case appeared to be this. One witness testified that he heard the parties have some words, and he then saw the defendant raise a whip, which he had in his hand, and shake it at Grayson, swearing that he had a great mind to kill him; and that, at the time when the defendant raised his whip, he was within striking distance of Grayson, but did not strike him, although not prevented from doing so by the interference of any other…
1Opinion of the CourtDaniel, J.
The Judge charged the Jury “ that if the conduct of the defendant was such as would induce a man of ordinary firmness to suppose he was about to be stricken, and to strike in self defence, the defendant would by such conduct be guilty of an assault.” We admit that such conduct w ould be s'trong evidence to prove, what every person who relies on the plea of son assault demesne must prove to support his plea, to-wit, that his adversary first attempted or to strike him ; but it is not conclusive evidence of that fact: for if it can be collected, notwithstanding appearances to the contrary, that…
2Cited by4 opinions
- State v. RobersonCourt of Appeals of North Carolina · 1978
- United States v. GatelyU S Air Force Court of Military Review · 1982
- State v. Freeman.Supreme Court of North Carolina · 1900
- State v. GarlandSupreme Court of North Carolina · 1905