State v. Lance

The bill of indictment charges a violation of G.S. 14-177. It does not allege the age of the defendant or the age of Cecil Henderson. The evidence shows that the defendant was 23 years of age, and the pathic a 13 year old schoolboy.

The defendant presents for decision one question: should the State have been nonsuited? He admits in his brief there can be no doubt the State’s evidence, when considered in its most favorable light, made a case for the jury under G.S. 14-177. The defendant bases his appeal on the single contention that, when a person over 16 years of age commits a crime against…