State v. . Pugh
Supreme Court of North Carolina
This was an indiotment against the defendant, who was one of the policemen of the city of Wilmington, for an assault and battery, tried in the Criminal Court of New Hanover County, before Hears, J., at September Term, 1888. Smith, a witness for the' State, on whom the assault and battery was alleged to have been committed, testified that at the time of the alleged assault he was engaged in a fight with one Bailey in a back yard in Wilmington, and while so engaged the…
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This was an indiotment against the defendant, who was one of the policemen of the city of Wilmington, for an assault and battery, tried in the Criminal Court of New Hanover County, before Hears, J., at September Term, 1888. Smith, a witness for the' State, on whom the assault and battery was alleged to have been committed, testified that at the time of the alleged assault he was engaged in a fight with one Bailey in a back yard in Wilmington, and while so engaged the defendant came up and struck him on his head with his club; that at the time he was struck he, witness, was making at Bailey;…
1Opinion of the CourtMerrimon, J.
The evidence, certainly parts of it, tended to prove that the defendant was a policeman in the line of •his duty; that he found the prosecutor engaged in a fight, advancing upon his retreating adversary, one Bailey; that he grapsed the prosecutor on the shoulder while he was so ■engaged, and bade him “consider himself under arrest”; that the latter cast his eye at him but did not heed the arrest or desist from the fight, but went' right on striking at Bailey, and was in the act of striking him when he struck the prosecutor with his club — one usually carried by policemen— and that the blow…
2Cases cited1 opinion
- State v. . BlandSupreme Court of North Carolina · 1887
3Cited by23 opinions
- Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. AverettCourt of Appeals for the Fourth Circuit · 1970
- State v. . MillerSupreme Court of North Carolina · 1929
- State v. . RollinsSupreme Court of North Carolina · 1893
- State v. . GlennSupreme Court of North Carolina · 1929
- Rich v. CooperOregon Supreme Court · 1963
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