Legal Opinion

State v. . Davis

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 15 opinions

INDICTMENT'for an Affray tried at November Term, 1878, of Wake Criminal Court, before Strong, J. The opinion contains the facts.

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INDICTMENT'for an Affray tried at November Term, 1878, of Wake Criminal Court, before Strong, J. The opinion contains the facts. That portion of the charge of the court to which exception was taken is as follows: (the defendant and one Lassiter being on trial under the indictment) “ Should the jury find that defendant Davis while in a public highway passing over lands of which Mrs. Laws was in possession, or while out of the highway but on such lands, used obscene, vulgar, and profane language to the annoyance of men and women in the house of Mrs. Laws situated near by, arid that defendant,…

1Opinion of the CourtAshe, J.

The defendant'and one Evans were quarrelling near the dwelling house of Mrs. Laws in a public road running over her land. The defendant armed with a pistol which he had in his hand was vaporing, cursing, and using very vulgar language in the hearing of the inmates of the house. Lassiter who was the son of Mrs. Laws and lived with her, came out with an ordinary walking stick in his hand and remonstrated with the defendant, who still holding his pistol cursed and denounced him, saying he was in the public road and he would curse as much as he pleased.' After the interchange of a few words, the…

2Cases cited1 opinion

  1. State v. . RobbinsSupreme Court of North Carolina · 1878

3Cited by15 opinions

  1. Crawford v. StateSupreme Court of Alabama · 1895
  2. State v. . RobinsonSupreme Court of North Carolina · 1938
  3. State v. WatsonSupreme Court of North Carolina · 1975
  4. Tipsword v. PotterIdaho Supreme Court · 1918
  5. Davis v. AlexanderSupreme Court of North Carolina · 1932

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