Burke County NcArchives Court.....John York & Barney Sigmon, State V. 1874
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 29, 2009, 1:04 pm

Source: Nc Reports
Written: 1874

State v. John York, Barney Sigmon and others

Burke County

January Term 1874 

It is not necessary to constitute a riot, that the facts charged should amount 
to a distinct and substantive indictable offense; it is sufficient, if such 
facts shall constitute an attempt to commit an act of violence which, if 
completed, would be an indictable offence. 

Indictment for a Riot, tried before Henry, J., at the Spring Term, 1873, of 
the Superior Court of Burke County. 

The indictment charged John York, Barney Sigmon and others, naming 
them, "unlawfully, violently, riotously and tumultuonsly assembled and 
gathered together to disturb the peace," &c, "and being so then and there 
assembled together did then and there make great noises, riot, tumult and 
disturbance, and then and there unlawfully, violently, riotously, and 
tumultously remained and continued together making such noise," &c, "for the 
space of a half hour or more and being so assembled together for the purpose 
aforesaid, with sticks and stones, did follow and pursue one David Tallent for 
the purpose of assaulting and beating him, the said David Tallent, &c., to his 
great terror, &c. 

Upon this indictment the defendants were found guilty, when their counsel 
moved an arrest of judgment, for the reason that the indictment is defective 
and insuffcient. Motion overruled, whereupon the defendants appealed. 

No counsel in this Court for defendants. 
Attorney General Hargrove, for the State. 

Bynum, J. [see full case for Judge's findings]

There is no error. 

Per Curiam. Judgment affirmed. 


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