State v. Leary
| Decision Date | 28 February 1883 |
| Citation | 88 N.C. 615 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. MATTHEW LEARY. |
OPINION TEXT STARTS HERE
INDICTMENT for an assault and battery tried at Fall Term, 1882, of CUMBERLAND Superior Court, before Gilmer, J.
The assault was made with a gun; the defendant was convicted, and upon judgment being pronounced against him, appealed to this court upon the ground of error committed in the charge of the court to the jury.
Attorney-General, for the State .
Mr. R. P. Buxton, for the defendant .
The case is so imperfectly made out that we cannot see what were the facts. We can only infer them from the testimony proposed to be offered by the defendant, his instructions asked, and the charge of His Honor.
The only statement of facts contained in the record are, that the state, without objection from the defendant, proved by the prosecutor that the difficulty between him and the defendant occurred on land of which he was and had been for ten years in possession.
The defendant testified in his own behalf, and admitted that he shot the prosecutor with a gun, and proposed to prove that he was on his own side of the fence when he fired the gun--the line between him and the prosecutor having been previously run by a surveyor. This evidence was objected to by the state and not allowed by the court. The defendant excepted.
The defendant then asked the court to rule out the evidence introduced by the state to prove possession by the prosecutor, which was done.
This is all the evidence, in regard to the facts, disclosed by the statement of the case. There is not a word about the prosecutor's advancing upon the defendant with an axe raised in a threatening manner. But the defendant asked the court to instruct the jury, “that if the prosecutor found the defendant on the disputed land and advanced upon the defendant with an axe in a threatening manner, and was warned by the defendant to stand back, but continued to advance upon defendant--then defendant was justified in using the gun in self-defence, if the jury shall believe the defendant was in danger of being stricken with the axe.”
The court, in response to this request, instructed the jury that if the prosecutor found the defendant on the disputed land and advanced upon him with an axe in a threatening manner, and was warned by the defendant to stand back, but continued to advance upon him, then the defendant was justified in using the gun in self-defence, if the jury believe that he was then and...
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State v. Eason
...assault with a deadly weapon, the same state of facts constitutes the crime of manslaughter if death ensues as a proximate result. State v. Leary, 88 N.C. 615; State v. Sudderth, 184 N.C. 753, 114 S.E. 828, 27 A.L.R. 1180.' State v. Agnew, supra [202 N.C. 755, 164 S.E. Where death to an occ......
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McCullers v. State, 1165
...and imprisonment.4 See State v. Stansell, 1932, 203 N.C. 69, 164 S.E. 580; Winkler v. State, 1929, 45 Okl.Cr. 322, 283 P. 591; State v. Leary, 88 N.C. 615; Bleiweiss v. State, 1918, 188 Ind. 184, 119 N.E. 375, 122 N.E. 577; State v. Agnew, 1932, 202 N.C. 755, 164 S.E. 578; State v. Sudderth......
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State v. Agnew
...assault with a deadly weapon, the same state of facts constitutes the crime of manslaughter if death ensues as a proximate result. State v. Leary, 88 N.C. 615; State v. Sudderth, 184 N.C. 753, 114 S.E. 828, 27 L. R. 1180. Also, it must be conceded that there is authority in this state suppo......
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State v. Agnew
...assault with a deadly weapon, the same state of facts constitutes the crime of manslaughter if death ensues as a proximate result. State v. Leary, 88 N. C. 615; State v. Sudderth, 184 N. 0, 753, 114 S. E. 828, 27 A. L. R. 11S0. Also, it must be conceded that there is authority in this state......