State v. . Moody
Supreme Court of North Carolina
Ceiminal ACTION, tried before Gilmer, Judge, at Fall Term, 1887, of Yadkin Superior Court. The indictment, drawn under the Act of 1879, {The Code, §1113,) charges the defendant with a wanton and malicious attempt to destroy the reputation of one Lucy B. Easter, an innocent woman, in saying of her, “ she had promised to let me have criminal intercourse with her, and that I intend to have that thing.”
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Ceiminal ACTION, tried before Gilmer, Judge, at Fall Term, 1887, of Yadkin Superior Court. The indictment, drawn under the Act of 1879, {The Code, §1113,) charges the defendant with a wanton and malicious attempt to destroy the reputation of one Lucy B. Easter, an innocent woman, in saying of her, “ she had promised to let me have criminal intercourse with her, and that I intend to have that thing.” Upon the trial the words were proved to have been spoken, and were admitted to be false. After conviction, defendant’s counsel moved an arrest of judgment, as he had, before pleading, moved to…
1Opinion of the CourtSmith, C. J.
The first enactment, made in 1808, in resolving a doubt whether any redress was open to a woman accused of a want of virtue, declares that, “ any words written or spoken of a woman which may amount to a charge of incontinency, shall be actionable.” Similar words are used in the act making the malicious attempt to ruin the reputa tion of a virtuous woman, “by words written or spoken, which amount to a charge of incontinency,” a misdemeanor, punishable by fine or imprisonment. The same language used in both statutes must bear the same interpretation, and the meaning of the expression, “a charge…
2Cases cited1 opinion
- State v. . AldridgeSupreme Court of North Carolina · 1882
3Cited by4 opinions
- State v. . HowardSupreme Court of North Carolina · 1915
- State v. BrownSupreme Court of North Carolina · 1888
- State v. . BrownSupreme Court of North Carolina · 1888
- State v. Hewlin.Supreme Court of North Carolina · 1901