State v. Harbison
Supreme Court of North Carolina
This was an indictment for any affray and mutual assaults and batteries, tried before Graves, Judge, at Spring Term, 1886, of Burke Superior Court. There was evidence offered on the part of the State, that Gas-ton Scott, who was also charged in the bill of indictment, and the defendant Harbison, were seen to come from behind the house where they both lived, the defendant Harbison running, with a pistol in his hand, and the defendant Scott pursuing him and firing at him.
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This was an indictment for any affray and mutual assaults and batteries, tried before Graves, Judge, at Spring Term, 1886, of Burke Superior Court. There was evidence offered on the part of the State, that Gas-ton Scott, who was also charged in the bill of indictment, and the defendant Harbison, were seen to come from behind the house where they both lived, the defendant Harbison running, with a pistol in his hand, and the defendant Scott pursuing him and firing at him. No other evidence as to how the difficulty begau, was offered by the State. The defendant Scott testified in his own behalf,…
1Opinion of the CourtAshe, J.
(after stating the facts). The sole question presented for our consideration is, was the wife of the'defendant Scott a competent witness in this case?
The indictment charged that the defendants committed an affray, and mutually assaulted and beat each other.
Although the indictment charges an affray, it at the same time charges mutual assaults and batteries, and although the indictment might not be good for the affray, because, for instance, the fight did not take place in a public place, &c., the defendants *887still may be convicted of the assault and battery upon each other, or one may be…
2Cited by4 opinions
- State v. . AdamsSupreme Court of North Carolina · 1927
- State v. . KluttzSupreme Court of North Carolina · 1934
- State v. . CottonSupreme Court of North Carolina · 1940
- State v. . BrigmanSupreme Court of North Carolina · 1931