State v. . Stalcup
Supreme Court of North Carolina
This was an indictment containing two counts, against the defendants, William Stalcup and three others. The first count, charged them with a riot, in unlawfully assembling and beating one Morrison, the prosecutor; and the second, with a common assault and battery upon the said Morrison.
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This was an indictment containing two counts, against the defendants, William Stalcup and three others. The first count, charged them with a riot, in unlawfully assembling and beating one Morrison, the prosecutor; and the second, with a common assault and battery upon the said Morrison. Upon the trial at Macon, on the last circuit, before his honor Judge Hall, it appeared that a state’s warrant had been issued by a magistrate of Macon county, directed to one of the defendants, a constable of said county, commanding him to arrest the body of the prosecutor, Morrison, for a forcible tresspass.…
1Opinion of the Court
Daniel, Judge.
The case states that the defendants assembled, in consequence of the summons of the officer to aid him in the execution of a state’s warrant, isssued against the prosecutor, for a forcible trespass. Such an assembly cannot be considered an unlawful assembly. But, wé think, an unlawful assembly is a constituent and a necessary part of the offence of a riot, It must precede the unlawful act which consummates the offence of riot. Hawkins accordingly defines a riot to be a tumultuous disturbance of the peace, by three persons or more, assembling together of their own authority, with…
2Cited by11 opinions
- United States v. BridgemanCourt of Appeals for the D.C. Circuit · 1975
- Spring Garden Ins. v. Imperial Tobacco Co.Court of Appeals of Kentucky · 1909
- State v. . HoffmanSupreme Court of North Carolina · 1930
- People v. BundteCalifornia Court of Appeal · 1948
- Salem Mfg. Co. v. First American Fire Ins.Court of Appeals for the Ninth Circuit · 1940
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