State v. . Shelton
Supreme Court of North Carolina
Indictment for an Assault and Battery tried at Spring 'Term, 1878, of Madison Superior Court, before Cloud, J. The defendants and two others, Larkin Stanton and .'Solomon Stanton, were indicted jointly^ for an assault and battery on one Peter Howard. Larkin Stanton was not taken, and the other three defendants were put on trial. 'The jury acquitted Solomon Stanton and found the other defendants guilty, and from the judgment thereon they appealed to this Court.
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Indictment for an Assault and Battery tried at Spring 'Term, 1878, of Madison Superior Court, before Cloud, J. The defendants and two others, Larkin Stanton and .'Solomon Stanton, were indicted jointly^ for an assault and battery on one Peter Howard. Larkin Stanton was not taken, and the other three defendants were put on trial. 'The jury acquitted Solomon Stanton and found the other defendants guilty, and from the judgment thereon they appealed to this Court. The facts so far as necessary to show the defence relied on are these: The prosecutor, Howard, who resided in Madisdn county in this…
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) In our opinion the Court was correct both in refusing to give the instruction asked and in that given. There were no facts in evidence from which the jury could reasonably infer that the defendants honestly intended’ the arrest and removal, and that their acts were directed to that end. The assault was with a deadty weapon, made while the.prosecutor at their command stopped and was awaiting their approach, without any demonstration on his part of an intended attack on them. (When twice wounded with shot and smitten to the ground and entirely without ability…
2Cases cited1 opinion
- State v. . BryantSupreme Court of North Carolina · 1871
3Cited by9 opinions
- Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
- Bank of Cottonwood v. HoodSupreme Court of Alabama · 1933
- Burton v. New York Central & Hudson River RailroadSupreme Court of the United States · 1917
- State v. . FowlerSupreme Court of North Carolina · 1916
- State v. EngleSupreme Court of Connecticut · 1932
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