State v. . Stokes
Supreme Court of North Carolina
CbimiNal action. Appeal by defendant from Granmer, J., at January Term, 1921, of Pender. Indictment was for an assault and battery on Jessie Brown, etc. On bearing, defendant plead guilty of statutory assault on a female. C. S., '4215. It was admitted by tbe solicitor tbat no deadly weapon was used and no serious damage done. There was judgment tbat tbe defendant be confined in tbe common jail for three months, assigned to work on the roads, etc.
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CbimiNal action. Appeal by defendant from Granmer, J., at January Term, 1921, of Pender. Indictment was for an assault and battery on Jessie Brown, etc. On bearing, defendant plead guilty of statutory assault on a female. C. S., '4215. It was admitted by tbe solicitor tbat no deadly weapon was used and no serious damage done. There was judgment tbat tbe defendant be confined in tbe common jail for three months, assigned to work on the roads, etc. Defendant excepted and appealed.
1Opinion of the CourtHoKe, J.
Tbe statute more directly applicable, C. S., 4215, provides that:
“In all eases of an assault, with or without intent to kill or injure, tbe person convicted shall be punished by fine or imprisonment, or both, at the discretion of the court: Provided, that where no deadly weapon has been used and no serious damage done, the punishment in assaults, assaults and batteries, and affrays shall not exceed a fine of fifty dollars or imprisonment for thirty days; but this proviso shall not apply to cases of assault with intent to kill or with intent to commit rape, or to cases of assault or assault…
2Cases cited6 opinions
- Muller v. OregonSupreme Court of the United States · 1908
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
- State v. . BurnettSupreme Court of North Carolina · 1920
- Smith v. . WilkinsSupreme Court of North Carolina · 1913
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3Cited by8 opinions
- State v. CourtneySupreme Court of North Carolina · 1958
- Victory Cab Co., Inc. v. ShawSupreme Court of North Carolina · 1950
- State v. . GrimesSupreme Court of North Carolina · 1946
- State v. . TysonSupreme Court of North Carolina · 1943
- Bizzell Ex Rel. Bizzell v. Board of AldermenSupreme Court of North Carolina · 1926
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