State v. . Davis
Supreme Court of North Carolina
The defendant was indicted at Yancy, on the last Fall Circuit, before his Honor Judge Pearson, for an assault and battery upon one William Roberts.
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The defendant was indicted at Yancy, on the last Fall Circuit, before his Honor Judge Pearson, for an assault and battery upon one William Roberts. In support of the prosecution, a witness was called, who testified that he, Roberts.and the defendant were crossing Coney mountain, on their return from a muster; that witness and the defendant were walking together, leading their horses down the mountain, and that Roberts was ten or fifteen steps ahead, on foot, with a rifle in his hand; that a quarrel commenced between the defendant and Roberts, when, upon Roberts using some insulting language…
1Opinion of the Court
Gaston, Judge.
Upon the whole, we are of opinion, that there is no error in the Judge’s charge.
An Assault is an intentional attempt,, by violence, to do an injury to the person of another. It must be intentional — ■ for, if it can be collected, notwithstanding appearances to the contrary, that there is not a present purpose to do an injury, there is no assault. Thus, where-a man laid his hand on his sword and said “if it were not assize time, I would not take such language from you,” the Court agreed that it was not an assault; for the declaration was that he would not assault him, the Judges…
2Cited by21 opinions
- State v. RobertsSupreme Court of North Carolina · 1967
- Dunbar Corp. v. LindseyCourt of Appeals for the Fourth Circuit · 1990
- Bryant v. StateCourt of Criminal Appeals of Alabama · 1972
- State v. DanielSupreme Court of North Carolina · 1904
- United States v. Rodney VinsonCourt of Appeals for the Fourth Circuit · 2015
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