State v. Girkin
Supreme Court of North Carolina
The defendant was indicted at Washington, on the last circuit, before his honor Judge Pearson, for that he “ unlawfully, & on purpose, did bite off the left ear of one James Watson, in the peace of the State then and there being, with intent to disfigure the said James Watson, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.”
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The defendant was indicted at Washington, on the last circuit, before his honor Judge Pearson, for that he “ unlawfully, & on purpose, did bite off the left ear of one James Watson, in the peace of the State then and there being, with intent to disfigure the said James Watson, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State.” On the trial, it appeared in evidence, that the defendant and Watson engaged in a fight; and, after Watson had bitten the defendant’s finger, the latter bit off a piece of Watson’s ear, which, on…
1Opinion of the Court
Ruffin, Chief Justice.
Both parts of the second objection taken for the prisoner, are in opposition to the cases of the State vs. Evans, 1 Hay. Rep. 281, and of the State vs. Crawford, 2 Dev. Rep. 425; which establish that the intent to disfigure is prima facie to be inferred from an act which does in fact disfigure, unless that presumption be repelled by evidence on the part of the accused of a different intent, or, at least, of the absence of the intent mentioned in the statute.
Since those cases, which were decided on the act of 1791, the law has been further altered in a manner which closes…
2Cited by3 opinions
- State v. BassSupreme Court of North Carolina · 1961
- Martin v. . KnightSupreme Court of North Carolina · 1908
- State v. BeasleyCourt of Appeals of North Carolina · 1968