Union County NcArchives Court.....J. W. Price Et Al, State V. 1892
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 25, 2011, 6:43 pm

Source: N C Reports
Written: 1892

The State v. J. W. Price et al

Assault and Battery - Indictment - Former Acquittal - Charge

1. The words "assault and stike" in a warrant are sufficient to charge a 
simple assault, and such a warrant will support a plea of former acquittal.

2. It is not necessary that a warrant for assault should charge that it was 
issued upon a sworn complaint.

3. An instruction to the jury in an indictment for assault that if J. M. P., 
one of the defendants, started toward A., the prosecutor, with a nail-puller 
in his hand, and A. saw him and was thereby put in fear, then J. M. P. is 
guilty, is error, there being evidence that J. M. P. did not attempt to take 
any part in the fight.

This was an Indictment for assault and battery, tried at the February Term, 
1892, of Union Superior Court, before Bynum, J.

The facts are stated in the opinion.

The Attorney General for the State
R. H. Battle for defendant

NC Supreme Court Justice Clark, J. - The Court erred in charging that "if J. 
M. Price, the other defendant, started towards Austin with the nail-puller in 
his hands, and Austin saw him and was thereby put in fear, then J. M. Price 
was guilty," for this withdraws from the jury J. M. Price's testimony that he 
took no part in the fight, but when he saw his father and Austin engaged he 
started towards them to separate them and with no purpose to take any part in 
the difficulty; that he did not draw the nail-puller in a striking attitude, 
and neither threw it nor attempted to do so, and was not consicous of having 
it in his hand until his attention was called to it, when he immediately 
dropped it. Though J. M. Price started towards Austin with the nail-puller in 
his hands, if he neither assaulted with it nor attempted to do so, he would 
not be guilty, even though the prosecutor may have been put in fear by the 
sight of the nail-puller which the defendant unconsciously had in his hands 
without any intention of using it. The defendant's guilt depends upon what he 
did, and not upon an erroneous impression of the prosecutor as to what his 
intentions were.  (see court case for judge's full findings)

Error

Additional Comments:
In the NC Supreme Court September Term 1892

File at: http://files.usgwarchives.net/nc/union/court/jwpricee2171gwl.txt

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