State v. . Massey
Supreme Court of North Carolina
INDICTMENT for an assault with intent to commit, rape, tried.atFall Term, 1881, of Rockingham Superior Court, before Gudger, J. The prosecutrix testified that about the-first of November, 1881, she left her house at the cotton factory, near Leaks-ville, in Rockingham county, about 8 o’clock in the morning, intending to visit her mother in-law, who resided about one mile north-west of the factory ; that she was carrying with her a child in a baby-carriage, which she pushed…
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INDICTMENT for an assault with intent to commit, rape, tried.atFall Term, 1881, of Rockingham Superior Court, before Gudger, J. The prosecutrix testified that about the-first of November, 1881, she left her house at the cotton factory, near Leaks-ville, in Rockingham county, about 8 o’clock in the morning, intending to visit her mother in-law, who resided about one mile north-west of the factory ; that she was carrying with her a child in a baby-carriage, which she pushed before her, and was accompanied by a small boy, some five or six years of age; that she soon passed the house of the…
1Opinion of the CourtAshe, J.
That the defendant is guilty - of an assault, according to the testimony of the prosecutrix, there can be no question; but we are of the opinion the evidence in the case did not warrant jthe jury in convicting him of the intent charged, and that the court erred in not submitting to the jury the instruction asked by defendant.
We think the jury should have been instructed that there was no evidence, or at least none reasonably sufficient, to maintain the charge against the defendant of an assault on the witness, with a felonious-intent to have carnal knowledge of her person by force and against…
2Cases cited3 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Joice v. StateSupreme Court of Georgia · 1874
- State v. Bryson.Supreme Court of North Carolina · 1880
3Cited by71 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1930
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. . HarveySupreme Court of North Carolina · 1947
- State v. BurnetteSupreme Court of North Carolina · 1955
- Dorsey v. StateSupreme Court of Georgia · 1899
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