State v. . Martin

85 N.C. 508

• Court: Supreme Court of North Carolina
• Decided: October 5, 1881
• Status: Published

Opinion

•Ashe, J.

The principle governing this case has been decided by several adjudications on the subject by this court. The principle is, that no man by the show of violence has the right to put another in fear and thereby force him .to leave a place where he has the right to be. In the case of State v. Shipman, 81 N. C., 513, the defendant after using threatening language with' reference to the prosecutor and in his hearing, advanced upon him wdth a knife, continuing the use of violent and menacing expressions. The evidence left it doubtful as to whether or not the knife was open, and when the defendant got within five or six feet of the prosecutor, the latter said, “ I shall have to go away,” and withdrew from the work upon which he was engaged. It was held that the defendant was properly convicted of an assault. And in State v. Rawles, 65 N. C., 334, it has been decided that if a person be at a place where he has a right to be, and four other persons with a pitchfork, gun, &c., by following him, and using threatening and insulting language put him in fear, and induced him to go home sooner than, or in a different way from the one he would otherwise have gone, the four are guilty of an assault, although they do not get nearer- than seventy-five yards, and do not take the weapons from their shoulders. See also State v. Hampton, 63 N. C., 13; State v. Church, 63 N. C., 15.

There is no error. Let this be certified to the superior court of Burke county, that further proceedings be had according to this opinion and the law.

No error. Affirmed.