State v. . Hudson
Supreme Court of North Carolina
INDICTMENT for Assault and Battery, tried before bis Honor Waits, J. at Fall Term, 1875, of tbe Superior Court of -GteaNville county. Tbe indictment was drawn for an assault and battery in tbe usual form. Tbe jury returned a verdict of “guilty of shooting” and thereupon tbe counsel for the prisoner moved tbe court in arrest of judgment. Tbe motion was overruled and tbe defendant appealed.
1Opinion of the CourtBtnum, J.
Tbe defendant was indicted for an assault and 'battery, in a bill drawn in tbe ordinary form. Tbe jury for their verdict returned “ that the said Cephas Hudson is guilty -of shooting.” Shooting at wrhat ? In what direction ? If at any human object, was that object within the carrying distance of the gun, so as to constitute an assault ? If the indictment had charged that the assault was made by shooting at the prosecutor, possibly the verdict could be sustained by the reasonable certainty of its meaning, to be obtained by construing the bill and verdict together. But the instrament contains…
2Cited by12 opinions
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. . WhitakerSupreme Court of North Carolina · 1883
- State v. . PerrySupreme Court of North Carolina · 1945
- State v. . NolandSupreme Court of North Carolina · 1933
- State v. . SnipesSupreme Court of North Carolina · 1923
7 more not listed; retrieve them via the Exa API.