State v. Boyden
| Decision Date | 31 August 1852 |
| Citation | 35 N.C. 505,13 Ired. 505 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. SAMUEL G. BOYDEN. |
It seems that, though an assault with intent to murder, was formerly considered a felony, it is now held to be a misdemeanor only; and although it may be a high misdemeanor, it is not subject to any additional punishment, but only such as in the discretion of the Court, may be inflicted for other misdemeanors at common law.
Where a person had been forbidden a house by the owner, but visits it at the invitation of a servant, at an hour when he may expect to meet the owner, for the purpose of having music; when, instead of bringing his violin, he comes armed with a deadly instrument, a six revolving pistol; when, upon being ordered out by the owner, he asked the latter to go with him, and, this being refused, he stopped at the door and made an assault by presenting his pistol-- this, if death had ensued, would have been murder, and therefore, even according to the old authorities, he might well be convicted of an assault with intent to murder.
The case of State v. Curtis, 1 Dev. and Bat., 422, cited and approved.
Appeal from the Superior Court of Law of Rowan County, at the Fall Term, 1851, his Honor Judge MANLY presiding.
Attorney General for the State .
Craig for the defendant .
The indictment is for an assault and battery on Joseph A. Worth, and contains two counts--one of which is said to have been with the intent to kill and murder. The evidence was, that several persons, Archibald Honeycut was one, formed a partnership for gold mining at a place called Gold Hill, and that Honeycut was the managing partner, and occupied a small house on the premises belonging to the company, which was called the office; in which he slept and kept the books, papers and gold and other valuables belonging to the concern. In September, 1851, Worth purchased the interest of Honeycut and of some of the other partners, and, by the appointment of most of the company, Worth afterwards became the manager instead of Honeycut, and took possession of the office, books, &c., and at the same time requested Honeycut to assist him in the management, and he agreed to do so, and by Worth's permission, he kept his bed and clothing in the office, as he had done before, and there Worth did the business of the company. There had been some difference between Worth and Boyden, and, at the request of the former, Honeycut told the latter, in the early part of the day of November 11, 1851, that Worth wished him not to come to the office: at the same time saying, that he, Honeycut, had no objection to his coming, and inviting him to come that night; to which Boyden replied that he would, and bring his fiddle along and have a tune. Boyden, however, went to the office in the afternoon, before the business hours closed, and without his fiddle, and, at 5 o'clock, Worth went to the office, to weigh and enter the company's gold for the day. Upon entering and seeing Boyden there with Honeycut, Worth ordered him to leave: and Boyden said he would do so, if Honeycut said so, and also that he would leave, if Worth would go with him. The statement of Worth was, that, when he ordered Boyden to leave the house, he stated his reason to be, that he had circulated false reports against him, and that Boyden rose from a seat near the fire and went towards the door, which was six or eight feet from Worth, walking backwards and keeping his face towards Worth, and, while he was so retreating, the language before mentioned and other angry words passed between them. That upon Boyden's reaching the door, in reply to something Worth called him a liar, and Boyden retorted, that Worth was a damned liar, and at the same time Boyden drew a...
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State v. Surles
...14-51. At common law, however, an attempt to commit a felony is only a misdemeanor. State v. Stephens, 170 N.C. 745, 87 S.E. 131; State v. Boyden, 35 N.C. 505. In conformity to this rule, an attempt to commit burglary was expressly adjudged to be a misdemeanor in State v. Jordan, 75 N.C. 27......
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State v. Surles
...14-51. At common law, however, an attempt to commit a felony is only a misdemeanor. State v. Stephens, 170 N.C. 745, 87 S.E. 131; State v. Boyden, 35 N.C. 505. conformity to this rule, an attempt to commit burglary was expressly adjudged to be a misdemeanor in State v. Jordan, 75 N.C. 27, w......
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State v. Bentley
... ... Robinson, 188 N.C ... 784, 125 S.E. 617. These less-aggravated assaults, as ... revealed by the evidence and heretofore recognized by our ... decisions, would seem to be: ... 1 ... Assault with deadly weapon with intent to kill. State v ... Boyden, 35 N.C. 505; State v. Gregory, 223 N.C ... 415, 27 S.E.2d 140 ... 2 ... Assault with deadly weapon, without intent to kill, but with ... intent to injure. State v. McNeill, 75 N.C. 15; ... State v. Smith, 174 N.C. 804, 93 S.E. 910 ... [223 ... N.C ... ...
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State v. Stephens
...Howard, 129 N. C. 584, 40 S. E. 71. At common law an attempt to commit a felony was a misdemeanor. State v. Jordan, 75 N. C. 27; State v. Boyden, 35 N. C. 505. But now under Rev. § 3336, an attempt to commit arson is made a felony. An election is not required where there is more than one co......