State v. . Staton
Supreme Court of North Carolina
INDICTMENT for an assault with intent to commit rape tried at Fall Term, 1882, of Union Superior Court, before Graves,J. The indictment is in substance as follows: The jurors, &c., present that Staton, colored, on the first day of October, 1882, with force and arms, &e., in and upon one Julia Edwards, a female, &c., then and there being, violently and feloniously did make an assault, and her, the said Julia, then and there did beat, wound and ill-treat, with intent her, the…
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INDICTMENT for an assault with intent to commit rape tried at Fall Term, 1882, of Union Superior Court, before Graves,J. The indictment is in substance as follows: The jurors, &c., present that Staton, colored, on the first day of October, 1882, with force and arms, &e., in and upon one Julia Edwards, a female, &c., then and there being, violently and feloniously did make an assault, and her, the said Julia, then and there did beat, wound and ill-treat, with intent her, the said Julia, violently and against her will, feloniously to ravish and carnally know, and other wrongs, &c. Verdict of…
1Opinion of the CourtAshe, J.
The record does not show upon what ground the motion in arrest was made, and we are left to conjecture; but as the evidence offered on the part of the prosecution showed that Julia Edwards, the person upon whom the assault was committed, was an infant under ten years of age, we suppose the ground of the motion in arrest is the omission in the indictment to state that she was under that age. This ground cannot be maintained.
The defendant is indicted under the third section of chapter 167, of the act of 1868-69 (Bat. Rev., ch. 32, § 5), which reads: “Every person convicted by due course of law…
2Cases cited2 opinions
- State v. . JohnstonSupreme Court of North Carolina · 1877
- State v. . SlagleSupreme Court of North Carolina · 1880
3Cited by1 opinion
- State v. . EdwardsSupreme Court of North Carolina · 1884