State v. Gibson
| Decision Date | 19 December 1928 |
| Docket Number | (No. 577.) |
| Citation | 145 S.E. 772 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. GIBSON. |
Appeal from Superior Court, Swain County; Walter E. Moore, Judge.
Walter Gibson was convicted of felonious assault with a deadly weapon with intent to kill, and he appeals. New trial.
Criminal prosecution tried upon an indictment charging the defendant with a felonious assault upon one Otis Carver, with a deadly weapon, to wit, a knife, with intent to kill, and inflicting serious injury, not resulting in death, contrary to the statute, C. S. § 4214, in such cases made and provided and against the peace and dignity of the state.
Verdict: Guilty.
Judgment: Imprisonment in the state's prison for a term of not less than two, and not more than five, years.
Defendant appeals, assigning errors.
W. G. Hall, of Bryson City, E. P. Stillwell, of Sylva, and Moody & Moody, of Murphy, for appellant.
Dennis G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
It is not denied that the defendant cut the prosecuting witness with a knife, but he alleges that this was done during or following a fight in which he was thrown from the back of an automobile and rendered practically unconscious when his head struck the concrete highway, and that he did not know what took place for some time thereafter.
The court instructed the jury as follows:
This charge forms the basis of one of defendant's exceptive assignments of error, and it is conceded by the Attorney General that the...
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State v. Birchfield, 3
...inflicted on the person of his victim serious injury not resulting in death. State v. Hefner, 199 N.C. 778, 155 S.E. 879; State v. Gibson, 196 N.C. 383, 145 S.E. 772; State v. Redditt, 189 N.C. 176, 126 S.E. 506; State v. Crisp, 188 N.C. 799, 125 S.E. This being true, the sufficiency of the......
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State v. Cephus, 77
...even when defendant's evidence tends to show that he acted only in his own necessary self-defense. State v. Carver, supra; State v. Gibson, 196 N.C. 393, 145 S.E. 772; State v. Redditt, 189 N.C. 176, 126 S.E. 506; State v. Revels, 227 N.C. 34, 40 S.E.2d 474; 6 C.J.S., Assault and Battery, §......
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State v. Ferguson, 289
...death, cannot be said, as a matter of law, * * * to establish a presumption of felonious intent, or intent to kill * * *.' State v. Gibson, 196 N.C. 393, 145 S.E. 772. In State v. Redditt, 189 N.C. 176, 126 S.E. 506, it is said: 'The law will not ordinarily presume a murderous intent where ......