State v. Atkinson.
Supreme Court of North Carolina
INDICTMENT against Dennis Atkinson for assault with, a deadly weapon, heard by Judge P. B. Jones and a jury, at the September Term, 1905, of the Superior Court of Pitt. Erom a verdict of guilty and a judgment thereon, the defendant appealed.
1Opinion of the CourtClark, C. J.
Indictment for assault with a deadly weapon, to-wit, a pistol. The court charged the jury that if the State had “satisfied them beyond a reasonable doubt that the defendant pointed a pistol at the prosecutor, whether loaded or not, this would be an assault” and to find the defendant guilty. Laws 1889, chap. 527 (now Revisal, sec. 3622), expressly so provides whether the unloaded pistol is pointed at another in fun or otherwise, and it is unnecessary to consider whether this would be so independent of the statute.
The court further charged the jury that if they were satisfied beyond a…
2Cases cited1 opinion
- State v. BrambleSupreme Court of North Carolina · 1897
3Cited by11 opinions
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1970
- State v. . StaffordSupreme Court of North Carolina · 1932
- State v. . MarionSupreme Court of North Carolina · 1931
- Honeycutt v. WatkinsSupreme Court of North Carolina · 1909
- State v. . SmithSupreme Court of North Carolina · 1910
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