State v. . Respass
Supreme Court of North Carolina
INDICTMENT for assault and battery, tried at Spring Term 1880, of Beaufort Superior Court, before Graves, J. This proceeding was commenced by a warrant and tried before a justice of the peace in Beaufort county.
Read the full summary
INDICTMENT for assault and battery, tried at Spring Term 1880, of Beaufort Superior Court, before Graves, J. This proceeding was commenced by a warrant and tried before a justice of the peace in Beaufort county. The warrant “charged that the defendant did on or about the second day of April, 1879, at or near Broad creek in said county, violently assault and beat him, the said J. P. Brooks, with a large stick and strike him two blows with said stick on the head and produced a dangerous wound, of which he may not recover, contrary to law and against the peace and dignity of the state.” The…
1Opinion of the CourtAshe, J.
In the view we take of this case, there was no error in the ruling of the court in excluding the testimony of the witness, Eborn, as to the proof before the jury'in the justice’s court. When the appeal from the justice’s judgment was returned to the superior court and the bill of indictment was subsequently found by the grand jury, there were then two criminal actions pending in that court against the defendant for the same offence. The solicitor had h'is election to proceed upon either. State v. Dixon, 78 N. C., 558. He c-hose to proceed upon the bill of indictment, ■which had the effect of…
2Cases cited2 opinions
- State v. . PollardSupreme Court of North Carolina · 1880
- State v. . DixonSupreme Court of North Carolina · 1878
3Cited by7 opinions
- State v. . HiltonSupreme Court of North Carolina · 1909
- State v. Ellsworth.Supreme Court of North Carolina · 1902
- State v. . DavisSupreme Court of North Carolina · 1943
- State v. . WinchesterSupreme Court of North Carolina · 1893
- State v. WashingtonSupreme Court of North Carolina · 1883
2 more not listed; retrieve them via the Exa API.