State v. . Myerfield
Supreme Court of North Carolina
Assault, tried before Buxton, J., at Fall Term, 1866, of the Superior Court of Rowan. The assault was charged to have been committed upon one Shaver, as the latter was walking to and fro in the street in front of the door of defendant’s grocery; The evidence showed that at this time the defendant, stood in his door with a pistol in his hand presented, sometimes bearing upon Shaver and sometimes not, and swearing that if Shaver came in he would shoot him.
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Assault, tried before Buxton, J., at Fall Term, 1866, of the Superior Court of Rowan. The assault was charged to have been committed upon one Shaver, as the latter was walking to and fro in the street in front of the door of defendant’s grocery; The evidence showed that at this time the defendant, stood in his door with a pistol in his hand presented, sometimes bearing upon Shaver and sometimes not, and swearing that if Shaver came in he would shoot him. Shaver threatened that if if defendant came out he would whip him. The court below charged the jury that presenting a pistol at another is…
1Opinion of the CourtPearson, C. J.
It was supposed that “ Davis' case," 1 Ire., 125, “ Crows case," ib., 375, and “ Morgan’s case," 3 Ire., 186, had settled the doctrine of “ assault,” and no further explication would be required. We are gratified to find that the opinion of the learned Judge, who decided this case in the court below, and of the learned Judge, who decided the case of Isenhour, * which turns on the same point, does not disturb the doctrine established by these cases, so that the question in hand is simply one of application.
An assault is “ an offer or attempt to strike the person of another.” If one aims a blow…
2Cited by9 opinions
- State v. DanielSupreme Court of North Carolina · 1904
- State v. . WilliamsSupreme Court of North Carolina · 1923
- Humphries v. EdwardsSupreme Court of North Carolina · 1913
- Humphries v. . EdwardsSupreme Court of North Carolina · 1913
- Curlee v. . ScalesSupreme Court of North Carolina · 1931
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