State v. Lackey

The allegations that defendants “unlawfully, willfully and maliciously” did assault, beat and wound Thomas V. Stepp “by the said Lackey beating Stepp with his fists and hands while simultaneously said White (was) threatening to shoot Stepp with a pistol he was carrying if Stepp resisted said unlawful beating,” sufficiently charge each defendant with an assault, a criminal offense under the laws of North Carolina. For this reason, the motions to quash, which are addressed to the indictment in its entirety, should have been overruled.

The applicable rule has been stated as follows: “A motion to…