State v. Sheppard

Decided July 1, 1792

Superior Court of North Carolina · decided 1792-07-01

INDICTMENT for an assault and battery. At the trail defendant prayed a continuance, on account of the absence of in material witness. He was asked what that witness would prove? and on answering that he intended to prove by the testimony of that witness that the prosecutor had given him very great provocation.

Decided 1792-07-01

¶1By the Court,

Ashe, J. and Williams, J.

¶2this will only go in mitigation of the fine. Let the cause be tried, and if there be in verdict against you, we will postpone giving judgment until next term; in order that you may have the benefit of the testimony of your witness.

¶3The cause was tried, and there being a verdict against the defendant. He was bound over to the next court.

¶4Ex relatione Arnett.