State v. . Glenn

Supreme Court of North Carolina
State v. . Glenn, 25 S.E. 789 (N.C. 1896)
119 N.C. 804
Eaiecloth

State v. . Glenn

Opinion of the Court

Eaiecloth, C. J.:

Glenn and Amis were indicted for an affray and mutually assaulting and beating each other with *806 a deadly weapon. Amis plead guilty and Glenn was convicted. He appealed on the ground that no deadly weapon was used, and that the verdict was contrary to the evidence. We have found no authority to support his position. State v. Allen, 4 Hawks, 356; State v. Stanly, 4 Jones, 290; State v. Ridley, 114 N. C., 827. We are not informed whether the weapons used were deadly weapons or not, but we do observe that the application of the pair of iron plyérs, whatever they may be, had an immediate and salutary effect by transforming a six-foot clubber into an officer, who at once began to discharge his duties by commanding the peace. We assume that the duties and privileges of a peace officer were considered and explained by the court, but the jury did not feel it to be their duty to excuse this peace officer for clubbing a citizen in the face with his fist, without any provocation, and if we were permitted to consider the question we think we could • approve the verdict. We have no doubt that his Honor in pronouncing judgment gave the defendant full credit for his good intentions in trying to preserve the peace.

Affirmed.

Reference

Full Case Name
State v. E. G. Glenn and Fred. Amis.
Status
Published