1 N.C. 67
Supreme Court of North Carolina
Decided June 15, 1800
Supreme Court of North Carolina · decided 1800-06-15
The Defendant was indicted at Hillsborough Superior Court, April Term, 1800, for an assault upon one Absalom Knight, with an intent to kill and murder, and upon the trial of the issue of traverse, the Jury found the Defendant not guilty of an assault “with an intent to murder, but guilty of an assault, and the Court fined him twenty shillings.” The question reserved for the consideration of the judges in this case was, whether, as the defendant had been indicted for an…
Decided 1800-06-15
¶1The Superior Court has jurisdiction of the offence charged in the indictment, and on the finding of the Jury, there ought to be judgment for the State. Judgment for the State.
¶2observed in this cafe, that the defendant might have pleaded that the assault charged, was a common assault, and traversed the intent to murder, that therefore the Court had not jurisdiction, &c.