STATE v. McIVER

No. 655.

56 S.E.2d 604 (1949)

231 N.C. 313

STATE v. McIVER.

Supreme Court of North Carolina.

December 14, 1949.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., Walter F. Brinkley, Member of Staff, Lexington, for the State.

Nance & Barrington, Fayetteville, for defendant, appellant.


SEAWELL, Justice.

The defense, contending that the conduct of the defendant as presented in the evidence for the State, could not be construed as an assault according to accepted legal definitions, presents for consideration a definition of assault, arising through threat or menace, which makes it essential that the threat be unqualified and that there must be a present intent and ability to carry it out. It is pointed out that the occurrence for which the defendant...

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