State v. Perry
| Decision Date | 31 December 1857 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. ISRAEL PERRY. |
If one person by such abusive language towards another as is calculated and intended to bring on a fight, induces that other to strike him, he is guilty, though he may be unable to return the blow.
INDICTMENT for an AFFRAY, tried before CALDWELL, J., at the last Fall Term, of Currituck Superior Court.
The facts are, that the defendant and one Whitehall met near the court-house of Currituck county; the defendant asked Whitehall to walk aside with him, saying that he wished to have a friendly talk with him; Whitehall did so, whereupon the defendant immediately commenced abusing the other in a violent manner, accusing him of stealing cattle and mismarking hogs, and said that he knew enough against his wife and daughter to sink them into hell. Whitehall thereupon pulled off his coat, saying as he did so, that he could stand every thing but a charge against his family. He then struck the defendant a blow, when the bystanders interfered so that no blow was struck by the defendant Perry, and no further conflict took place.
The charge of the Court, as to the defendant Perry was, that if his abusive language towards his adversary, as proved by the witnesses, was calculated and intended to bring on a fight, he was guilty, though he did not strike a blow and had been knocked down.
The defendant's counsel excepted to the charge of his Honor.
Verdict for the State. Judgment and appeal.
Attorney General, for the State .
Heath, for the defendant .
An affray is defined to be the fighting of two or more persons in a public place to the terror of the citizens; State v. Allen, 4 Hawks' Rep. 356; State v. Woody, 2 Jones' Rep. 335. From this definition, it seems to us to be plain, that if one person, by such abusive language towards another as is calculated and intended to bring on a fight, induces that other to strike him, he is guilty, though he may be unable to return the blow. He is undoubtedly the immediate cause of the breach of the peace, and is morally the more guilty of the two; and we are not aware of any principle which prevents the law from regarding him as a criminal. The only argument urged in his favor is, that the use of words alone, however insulting to his adversary, is not a misdemeanor, and that being innocent up to the time when he is stricken, he cannot be made guilty by the sole act of such adversary. The...
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State v. Robinson
... ... the jury that he would be at fault "if he used language ... calculated to bring on a controversy and it does so." ... This is error. The test, Did he use language calculated and ... intended to bring on a fight and a fight ensues? Speaking of ... an affray, in the case of State v. Perry, 50 N.C. 9, ... 69 Am.Dec. 768, the court said: "If one person, by such ... abusive language toward another as is calculated and intended ... to bring on a fight, induces that other to strike him, he is ... guilty, though he may be unable to return the blow." ... State v. Robbins, 78 N.C. 431; ... ...
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State v. Watson
...what he calls the law of assault from provoking language. Defendant relies on the following cases in support of this argument: State v. Perry, 50 N.C. 9 (1857); State v. Robbins, 78 N.C. 431 (1878); State v. Chavis, 80 N.C. 353 (1879); State v. King, 86 N.C. 603 (1882); State v. Fanning, 94......
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State v. Baldwin
... ... battery upon him ... (b) ... When one has provoked a present difficulty by language or ... conduct towards another that is calculated and intended to ... bring it about. State v. Shields, 110 N.C. 497; ... State v. Fanning, 94 N.C. 940; State v ... Perry, 50 N.C. 9. And, in this connection, it is ... properly held that language may have varying significance ... from difference of time and circumstances, and the question ... is very generally for the determination of the jury ... State v. Rowe, 155 N.C. 436 ... (c) ... ...
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Saunders v. Gilbert
... ... As the parties ... differ materially as to the nature of the evidence, it ... becomes necessary to state it at some length, all of it ... having been introduced by the plaintiffs: ... The ... plaintiff Columbia Saunders testified: "I ... The ... defendant used language which was calculated and intended to ... bring on a fight, and a fight ensued. He is guilty. State ... v. Perry, 50 N.C. 9 [69 Am. Dec. 768]; State v. Robbins ... 78 N.C. 431." In our case it was a pistol duel, which ... ensued from the defendant's ... ...