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STATE v. JOHN P. ROBBINS.

Indictment — Assault and Battery — Judge's Charge.

Where on the trial of an indictment for an assault and battery, committed upon the prosecutor, a school teacher while engaged in his school, the court charged the jury that "if the defendant went to the schoolhouse for a lawful purpose, and after he got there he brought on the affray by any language or conduct of his own, he would be guilty": Held, not to be error.

FAIRCLOTH, J.

After hearing and considering the conflicting evidence, the jury by their verdict have said the defendants were guilty. No error in the conduct of the action has been pointed out to us, and we are unable to discover any in the record. Let this be certified in order that judgment may be pronounced.

PER CURIAM. Affirmed.

Cited: S. v. Davis, 80 N.C. 353; Saunders v. Gilbert, 156 N.C. 475.

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STATE v. ROBBINS
(Jan 1, 1878)