State v. . Martin
Supreme Court of North Carolina
Indictment for an assau-lfc with a deadly weapon, tried at Fall Term,- 1881, of Bukke Superior Court, before Seymour, J, The state introduced one W. E. Powe as a witness, who testified that as he was on a sidewalk of a street in the town of Morganton (near the store of one Brittain) the defendant who was on the other side of the street some twenty steps distant, commenced cursing him, and told him he intended to cut his throat and kill him.
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Indictment for an assau-lfc with a deadly weapon, tried at Fall Term,- 1881, of Bukke Superior Court, before Seymour, J, The state introduced one W. E. Powe as a witness, who testified that as he was on a sidewalk of a street in the town of Morganton (near the store of one Brittain) the defendant who was on the other side of the street some twenty steps distant, commenced cursing him, and told him he intended to cut his throat and kill him. At the same time the defendant advanced towards him, uttering these threats with an open knife in one hand and a stick in the other. That in consequence…
1Opinion of the Court
•Ashe, J.
The principle governing this case has been decided by several adjudications on the subject by this court. The principle is, that no man by the show of violence has the right to put another in fear and thereby force him .to leave a place where he has the right to be. In the case of State v. Shipman, 81 N. C., 513, the defendant after using threatening language with' reference to the prosecutor and in his hearing, advanced upon him wdth a knife, continuing the use of violent and menacing expressions. The evidence left it doubtful as to whether or not the knife was open, and when the…
2Cases cited4 opinions
- State v. . RawlesSupreme Court of North Carolina · 1871
- State v. . HamptonSupreme Court of North Carolina · 1868
- State v. . ChurchSupreme Court of North Carolina · 1868
- State v. . ShipmanSupreme Court of North Carolina · 1879
3Cited by13 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. DanielSupreme Court of North Carolina · 1904
- State v. DouglasSupreme Court of North Carolina · 1966
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. . WilliamsSupreme Court of North Carolina · 1923
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