{
  "id": 1955423,
  "name": "THE STATE v. THOMAS SWANN",
  "name_abbreviation": "State v. Swann",
  "decision_date": "1871-01",
  "docket_number": "",
  "first_page": "330",
  "last_page": "331",
  "citations": [
    {
      "type": "official",
      "cite": "65 N.C. 330"
    }
  ],
  "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": [],
  "analysis": {
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    "simhash": "1:3e2ac6e5ed5d4464",
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  "last_updated": "2023-07-14T18:41:56.423501+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. THOMAS SWANN."
    ],
    "opinions": [
      {
        "text": "Reade, J.\n1. It is not necessary that an indictment under a statute should be in the very words of the statute \u2014 as where the statute makes it indictable and punishable in the Penitentiary for one to shoot atanother with \u201cany kind of firearms,\u201d it is sufficient to charge that it was \u201c with a certain pistol, then and there, loaded with gunpowder and one leaden bullet,\u201d because the Court can see that this is a \u201cfire-arm.\u201d\nAnd so it was not necessary to charge that it was a \u201cdeadly weapon \u201d in the words of the statute; because the Court will take notice that a loaded pistol within carrying distance is a deadly weapon.\n2. The statute, Acts 1868-\u201969, 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.\nThere is no error. This will be certified.\nPer Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Reade, J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "No counsel for the defendant."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. THOMAS SWANN.\nIn an indictment, under tlie Act of 1868-\u20199, ch. 167, sec. 8, for an assault with a deadly weapon with intent to kill, it is sufficient to charge that the assault was made \u201cwith a certain pistol then and there loaded with gun-powder and one leaden bullet,\u201d without stating that it is a \u201cfirearm\u201d or \u201cdeadly weapon,\u201d because the Court can see and will take notice that a loaded pistol is both.\nAn assault with a deadly weapon with intent to kill is not made a felony by the Act of 1868-\u20199, ch. 167, sec. 8, and therefore it is not necessary to charge that the assault was made with a felonious intent.\nThis was an indictment for an assault with a deadly weapon with intent to kill, tried before his Honor, Cloud, J., at the last Term of the Superior Court for the County of McDowell.\nThe indictment was founded upon the Act of 1868-\u201969, ch. 167, see. 8, and charged that the assault was made upon the prosecutor, William Eorney, \u201c with a certain pistol, then and there, loaded with gunpowder, and one leaden bullet,\u201d with intent to kill him.\nAfter conviction, the defendant\u2019s counsel moved in arrest of judgment because,\n1st. The bill of indictment failed to charge that the assault was made with a deadly weapon, and did not describe the weapon as being fire-arms, under the statute.\n2nd. That the indictment did not charge that the assault was committed willfully, feloniously and with malice aforethought.\nThe motion in arrest was overruled, and the defendant was sentenced to the State\u2019s prison at hard labor \u2022 for ten years, from which he prayed and obtained an appeal to the Supreme Court.\nAttorney General, for the State.\nNo counsel for the defendant."
  },
  "file_name": "0330-01",
  "first_page_order": 340,
  "last_page_order": 341
}