State v. Green.
Supreme Court of North Carolina
IndictmeNT for secret assault upon one Barrett with intent to kill, etc., tried before Bryan, J., and a jury, at Spring Term, 1896, of Polk. Superior Court.
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IndictmeNT for secret assault upon one Barrett with intent to kill, etc., tried before Bryan, J., and a jury, at Spring Term, 1896, of Polk. Superior Court. Iiis Honor, in his charge, read the statute under which defendant was indicted, and construed the same, and then instructed the jury that if the State had satisfied them beyond a reasonable doubt that the defendant, in a secret manner, concealed in the bushes on the roadside, did shoot Barrett with a gun, with intent to kill him, or if the defendant was present, aiding and abetting in the shooting, then it was their duty to convict him.…
1Opinion of the Court
FuROHes, J.:
This is an indictment for a secret assault with a deadly weapon (a gun) with intent to hill, under Chapter 32, Laws 1887. Under instructions from the court the jury found the defendant “guilty as accessory,” and upon this verdict the court pronounced judgment and the defendant appealed.
There was evidence tending to show that defendant .and another were together when the assault was made. And the defendant relied upon an alibi, and introduced evidence tending to establish this defense. It is not contended but that the defendant might be convicted as an accessory upon a proper bill…
2Cases cited2 opinions
- State v. . ChastainSupreme Court of North Carolina · 1889
- State v. . DewerSupreme Court of North Carolina · 1871
3Cited by5 opinions
- State v. SmallSupreme Court of North Carolina · 1980
- State v. . BrysonSupreme Court of North Carolina · 1917
- State v. HolmesSupreme Court of North Carolina · 1978
- State v. JonesSupreme Court of North Carolina · 1961
- State v. JonesSupreme Court of North Carolina · 1961