State v. . Dunning
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at the August Term, 1918, of RERTIE. This is an indictment for an unlawful assault with a deadly weapon ■on one 0. T. White while defendant, as constable and chief of police of the town of Aulander, was endeavoring to arrest the said prosecutor, C. T. White, for disorderly conduct in breach of the criminal law.
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Appeal by defendant from Kerr, J., at the August Term, 1918, of RERTIE. This is an indictment for an unlawful assault with a deadly weapon ■on one 0. T. White while defendant, as constable and chief of police of the town of Aulander, was endeavoring to arrest the said prosecutor, C. T. White, for disorderly conduct in breach of the criminal law. On the trial the defendant testified in his own behalf, and at the close «of all the evidence the court charged the jury as follows: “Gentlemen of the Jury, if you believe the evidence of the defendant L. W. Dunning, himself, I charge you that he is…
1Opinion of the CourtHoke, J.
There was evidence on the part of the State tending to convict the defendant, but the same does not accompany the record as no-exception is made .concerning it.
For the defense, I. W. Dunning, a witness in bis own behalf, testified as follows:
I am the defendant. I have lived near and in Aulander, Bertie' County, all my life. I am now twenty-four years old. Some three years ago I moved to Aulander to be near a physician for treatment. I went to Norfolk and underwent an operation and came back to' Aulander. I have not been strong since then. The commissioners of the town of Aulander elected me…
2Cases cited8 opinions
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- State v. . BryantSupreme Court of North Carolina · 1871
- State v. . McNinchSupreme Court of North Carolina · 1884
- State v. . SigmanSupreme Court of North Carolina · 1890
- State v. . GarrettSupreme Court of North Carolina · 1863
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3Cited by31 opinions
- Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. AverettCourt of Appeals for the Fourth Circuit · 1970
- State v. WilliamsSupreme Court of New Jersey · 1959
- State v. . MillerSupreme Court of North Carolina · 1929
- Hutchinson v. LottDistrict Court of Appeal of Florida · 1959
- Holloway v. . MoserSupreme Court of North Carolina · 1927
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