State v. . Robbins

Decided January 5, 1878

Supreme Court of North Carolina · decided 1878-01-05

INDICTMENT for an Assault and Battery tried at Fall Term, 1877, of Watauga Superior Court, before Cloud, J. The defendant and his three sons were indicted for an ’ assault upon one Purley.

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Decided 1878-01-05

How this case has been cited

Cited by 6 later decisions (1 by the Supreme Court) — most recently May 1975

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Faircloth, J.

¶1 After hearing and considering the conflicting evidence, the. jury by their verdict have said the defendants "were guilty. No error in the conduct of the action has been pointed out to us, and we are unable to discover any in the record. Let this be certified in order that judgment may be pronounced.

¶2 No error.

¶3 Per Curiam. Judgment affirmed.

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Case posture

Posture: ASSAULT and battery, tried at Fall Term, 1877, of WATAUGA, before Cloud, J . The defendant and his three sons were indicted for an assault upon one Purley. The prosecutor testified, among other things, that he was teaching a common school under a contract with two of the school committee of the district; that the defendant, who was the other member of said committee, upon passing the schoolhouse, went to the door thereof and inquired of the witness what he was doing; he (432) informed him he was teaching school, having been employed by the other two committeemen; that defendant denied this statement and called the witness a liar, and the witness struck him and knocked him out of the door. There was much other evidence tending to show that the parties cursed each other, and that the prosecutor also called the defendant a liar. His Honor in his charge to the jury said: If the defendant went to the schoolhouse for a lawful purpose, and after he got there he brought on the affray by any language or conduct of his own, he would be guilty. (See S. v. Perry , 50 N.C. 9 .) Defendant excepted. Verdict of guilty as to two of the defendants. Judgment. Appeal by defendants.

Source: CourtListener

Court

Supreme Court of North Carolina