State v. . Hampton
Supreme Court of North Carolina
Assault, tried before Gilley, J., at Spring Term 1868, of the Superior .Court of G-uilford. The following special -verdict was submitted to the judgment of his Honor below: As the prosecutor was going in a crowd down one of the staircases leading out of the Court House in Greensboro’, and was stepping down the first step, the defendant, who was in front of him, and in striking distance, stopped, turned about, and with right hand clenched, his right arm bent at his side, but…
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Assault, tried before Gilley, J., at Spring Term 1868, of the Superior .Court of G-uilford. The following special -verdict was submitted to the judgment of his Honor below: As the prosecutor was going in a crowd down one of the staircases leading out of the Court House in Greensboro’, and was stepping down the first step, the defendant, who was in front of him, and in striking distance, stopped, turned about, and with right hand clenched, his right arm bent at his side, but not drawn back, said, I have a great mind to hit you; that before this, and as the crowd was leaving the Court House,…
1Opinion of the CourtReade, J.
It would seem that there ought to be no difficulty in determining whether any given state of facts amounts to an assault. But the behavior of men- towards each .other varies by such mere shades, that it is sometimes very difficult to characterize properly their acts and declarations.
We find it so in the case before us. An assault is usually defined to be an offer, or attempt to strike another.. An attempt means something more than an offer. As therefore, an offer is a necessary ingredient in an assault, and as an attempt, or anything else, is not such, it would probably be' more precisely…
2Cited by22 opinions
- State v. RobertsSupreme Court of North Carolina · 1967
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. DanielSupreme Court of North Carolina · 1904
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. . JeffreysSupreme Court of North Carolina · 1895
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