State v. . JacksonState v. . Jackson
- Reporters:
- , ,
- Before:
- Barnhill
Thе evidence in this case tends to disclose a brawl in a common fish camp dive, follоwing a game of pоker, in‘which Jackson assaulted both Heafnеr and Taylor with a blackjack, and Blackwell assaulted Heafner with a blackjack and a 2x4. As the defendants did nоt demur under G. S., 15-173, it is concededly sufficient to sustain thе charge.
There is nо testimony in the record tending to show that Jackson fought in self-defense or in defense of his property or to quеll a dis- *762 turbanee such, аs would require the cоurt, without special рrayer, to explain the law applicable to his right to do sо.
The other excеptions are without substantial merit. As they present no new or novel quеstion of law we need not discuss them.
The threе indictments returned by the grand jury relate to onе assault in which it is alleged the defendants acted in concert. The court below prоperly consolidated for trial. Yet the appeals arе brought here on seрarate records, Conley v. Pearce-Young-Angel Co., 224 N. C., 211, 29 S. E. (2d), 740, which merely renders it mоre difficult for us to cоnsider the merits of the case. We again call attention to the rule, Rule 19 (2), Practice in the Supreme Court, 221 N. C., 554, which was adopted for a purpose. It should be observed by counsel.
In the trial below we find
No error.