Upon the statement of facts in this case* judgment must be rendered in favor of the Defendant.
State v. Bridges, 5 N.C. 134, 1 Mur. 134 (1806)
June 1806
·
Supreme Court of North Carolina
5 N.C. 134, 1 Mur. 134
The State, vs. Bridges
—From Halifax.
Judgement contains two fcrUUn th'e der™? ant with íiMiiag & abetting íicraTí'he ,¡ssaiú[U anil battery— LXefexidant acquitted first count cd'upo'iahe second— o Uíl^lROTll cannot be '¡pdnsuL-" on'tw^coi'i-notion.
The indictment contained two counts — the first charged one James Philips and the Defendant, Daniel Bridges* with force and arms, of malice aforethought, unlawfully make an assault upon one James Blackwell, with an into maim arid disfigure the said Blackwell ; and that Philips, of his malice aforethought, unlawfully put out the right eye of the said Blackwell with intent to maim and disfigure him : and that the Defendant, Bridges, at the time thereof, knowing and privy to the puiliitg out of the eye of the said Blackwell by the said Philips, with force and arms, and of his malice aforethought • * unlawfully was present, counselling, aiding and abetting the said- Philips to put out tiie right eye of the said Biack-VVCT contrary to the act of Assembly, &c. The second count charged that the Defendant, Budges, with force and arms, made an assault upon the body of the said Blackwell, an(l him, the said Blackwell, did beat, wound, and ill-treat, &c> The jury found the Defendant guilty upon the second count, and not guilty upon the first, it was submitted t,o the Court, whether judgment could be rendered against the defendant upon this verdict; and