{
  "id": 8660024,
  "name": "STATE v. R. L. KING",
  "name_abbreviation": "State v. King",
  "decision_date": "1897-02",
  "docket_number": "",
  "first_page": "612",
  "last_page": "613",
  "citations": [
    {
      "type": "official",
      "cite": "120 N.C. 612"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "116 N. C., 1068",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8656213
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/116/1068-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.421,
    "pagerank": {
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    "simhash": "1:b2969ce6a41e4499",
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  "last_updated": "2023-07-14T18:07:11.774475+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. R. L. KING."
    ],
    "opinions": [
      {
        "text": "Eueohes, J.:\nThis is an indictment for a secret assault with intent to kill. The Statute under which the defendant is indicted is highly penal and must be strictly construed. It Is held by this court that \u201can assault cannot be said to have been made in a secret manner, except where the person assaulted is unconscious of the presence as well as of the purpose of his adversary.\u201d State v. Gunter, 116 N. C., 1068.\nThe court charged the jury in this case that it was sufficient to constitute the crime of secret assault under the Statute, if the person assaulted \u201chad no notice of the presence or purpose of the defendant,\u201d thus making it the duty of the jury to convict the defendant if they found from the evidence that the person assaulted had no knowledge of the defendant\u2019s presence., or if he knew of the defendant\u2019s presence but did not know of his intention to make the assault; thus making a want of knowledge of the defendant\u2019s presence or a want of knowledge of the defendant\u2019s intention to assault sufficient to convict. Whereas, there must be a want of knowledge of the defendant\u2019s presence and also a want of knowledge of intention to make the assault, to constitute the crime of a secret assault under the Statute. There is error.\nNew Trial.",
        "type": "majority",
        "author": "Eueohes, J.:"
      }
    ],
    "attorneys": [
      "Mr. Attorney- General Zeb V. Walser, for the State.",
      "Messrs. Shepherd & Busbee, for defendant (appellant)."
    ],
    "corrections": "",
    "head_matter": "STATE v. R. L. KING.\nIndictment for Secret Assault with Intent to Kill \u2014 Secret Assault, Essential Elements of.\nAn assault cannot be \u201csecret\u201d in the meaning of the Statute unless the person assaulted is unconscious of the presence as well as of the purpose of his adversary.\nINDICTMENT for secret assault with intent to kill, tried before Robinson, J., anda jury, at Fall Term, 1896, of Geaham Superior Court. The defendant was convicted and appealed.\nMr. Attorney- General Zeb V. Walser, for the State.\nMessrs. Shepherd & Busbee, for defendant (appellant)."
  },
  "file_name": "0612-01",
  "first_page_order": 640,
  "last_page_order": 641
}