State v. . Swann

65 N.C. 330

• Court: Supreme Court of North Carolina
• Decided: January 5, 1871
• Status: Published

Opinion

Reade, J.

1. It is not necessary that an indictment under a statute should be in the very words of the statute — as where the statute makes it indictable and punishable in the Penitentiary for one to shoot atanother with “any kind of firearms,” it is sufficient to charge that it was “ with a certain pistol, then and there, loaded with gunpowder and one leaden bullet,” because the Court can see that this is a “fire-arm.”

And so it was not necessary to charge that it was a “deadly weapon ” in the words of the statute; because the Court will take notice that a loaded pistol within carrying distance is a deadly weapon.

2. The statute, Acts 1868-’69, ch. 167, seo. 8, does not make the offence charged a felony, and therefore it was not necessary to charge that it was done with a felonious intent.

There is no error. This will be certified.

Per Curiam. Judgment affirmed.