Legal Opinion

State v. . Powell

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 24 opinions

This was an indictment for assault with intent to ^commit rape on one Jessie Shines, a colored girl of about fourteen years of age, tried before MacRae, J., at Spring Term, 1889, of Halifax Superior Court.

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This was an indictment for assault with intent to ^commit rape on one Jessie Shines, a colored girl of about fourteen years of age, tried before MacRae, J., at Spring Term, 1889, of Halifax Superior Court. The following is a copy of the indictment: “The jurors for the State, upon their oaths present: That John Powell, late of the county of Halifax, on the 9th day of December, in the year of our Lord one thousand eight hundred and eighty-eight did, with force and arms, at and in the county aforesaid, in and upon one Jessie Shines, in the peace of God and the State, then and there being,…

1Opinion of the Court

Shepherd, J.:

1. The testimony of Laura Shines was admissible for the purpose of corroborating the prosecutrix and her brother, both of whom had been previously examined. It was, however, competent only for that purpose, and it was the duty of the Court to instruct the jury that it was in this view only that they could consider it. Burton v. Railroad, 84 N. C., 192: State v. Ballard, 79 N. C., 627.

There is nothing in the record to show that his Honor failed to perform this duty, and we cannot assume that he did not give the proper instructions. It is well settled that when a party complains of…

2Cases cited4 opinions

  1. State v. . SuggsSupreme Court of North Carolina · 1883
  2. State v. . JohnsonSupreme Court of North Carolina · 1872
  3. State v. . BallardSupreme Court of North Carolina · 1878
  4. Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881

3Cited by24 opinions

  1. State v. . SteeleSupreme Court of North Carolina · 1925
  2. State v. SteeleSupreme Court of North Carolina · 1925
  3. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  4. State v. . TysonSupreme Court of North Carolina · 1903
  5. State v. Marsh.Supreme Court of North Carolina · 1903

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