State v. . Harrell
Supreme Court of North Carolina
This was an Indictment for an Affray, tried before Bynum, J., at Spring Term, 1890, of Mitchell Superior Court. The evidence tended to prove that William Cox, now deceased, and James Sivige, on one side, and the appellants on the opposite side, engaged in a dangerous fight with guns and pistols. All of the parties except Cox were indicted for an affray, and pleaded “not guilty.”
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This was an Indictment for an Affray, tried before Bynum, J., at Spring Term, 1890, of Mitchell Superior Court. The evidence tended to prove that William Cox, now deceased, and James Sivige, on one side, and the appellants on the opposite side, engaged in a dangerous fight with guns and pistols. All of the parties except Cox were indicted for an affray, and pleaded “not guilty.” The appellants contended that they fought only in defence of themselves, and did no more than they might lawfully do in that respect. On the trial, there was evidence tending to prove that all the parties fought…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: The testimony proposed by the appellants and rejected by the Court was irrelevant and immaterial. They and others were indicted for an affray, for fighting together in a public place, to the terror of the good citizens of the State thereabout. The evidence rejected could not prove that they did or did not so fight, nor could it prove that they fought only in their own defence. The apprehensions of the witness, and the grounds of them, did not enter into and make up an element, or give quality thereto, of the offence, nor did these at all relieve him and his sons from…
2Cases cited2 opinions
- State v. . NortonSupreme Court of North Carolina · 1880
- State v. . DowningSupreme Court of North Carolina · 1876
3Cited by15 opinions
- State v. . FulcherSupreme Court of North Carolina · 1922
- State v. . CrispSupreme Court of North Carolina · 1916
- State v. . BaldwinSupreme Court of North Carolina · 1922
- State v. . RandolphSupreme Court of North Carolina · 1947
- State v. . HardeeSupreme Court of North Carolina · 1926
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