State v. . Vannoy

65 N.C. 532

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

Opinion

Rodman, J.

This case is clearly within the law, as decided in State v. Davis, 1 Ire. 125. In that case, Gaston, J., delivering the opinion of the Court, says, “ So in a late case, before a very eminent English Judge, it was held, that where the defendant was advancing in a threatening attitude, with intent to strike the plaintiff, so that his blow would, in a second or two, have reached the plaintiff, if he had not been stopped, although when stopped he was not near enough to strike, an assault was committed.” Stephenson v. Myers, 4 Car. and Payne, 349, (19 E. C. L. R.) This English case is approved of, and is the exact case now before us. We think it reasonable in itself, and sustained by the recent case of State v. Rawles, ante, 334.

Judgment reversed, and a verdict of guilty.ordered to be entered on the special verdict. Let this opinion be certified.

Per Curiam. Judgment affirmed.