State v. Jesse
Supreme Court of North Carolina
The prisoner was arraigned on the following indictment , in the Superior Court of Craven. “ The jurors for the State upon their oath present, that Jesse,' a slave, being a person of colour, late of the county of Craven, the property of Sarah Green, of the said county, on &c., with force and arms at &c., in and upon B. W. in the peace of God and the State, then and there being, did violently and feloniously make ari assault, and her the said B. W. then and there did beat,…
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The prisoner was arraigned on the following indictment , in the Superior Court of Craven. “ The jurors for the State upon their oath present, that Jesse,' a slave, being a person of colour, late of the county of Craven, the property of Sarah Green, of the said county, on &c., with force and arms at &c., in and upon B. W. in the peace of God and the State, then and there being, did violently and feloniously make ari assault, and her the said B. W. then and there did beat, wound and illtreat, with intent unlawfully, forcibly and feloniously to commit a rape upon the body of her the said B. W.…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case as above proceeded as follows: — The instruction prayed on behalf of the prisoner does not specify on which of the two issues he demanded a verdict in his favour. From the nature” of the instruction, and referring to the evidence to which it relates, it would seem to be necessarily confined to the plea to the fe-*100]ony; if so, the question which has,been debated, upon the effect of the former indictment and the proceedings on it, as mentioned in the other plea, does not arise upon this record. But as all the matters were treated at the bar as open,…
2Cited by8 opinions
- State v. . MalpassSupreme Court of North Carolina · 1925
- State v. . HookerSupreme Court of North Carolina · 1907
- State v. PriceSupreme Court of Iowa · 1905
- State v. HankinsSupreme Court of North Carolina · 1904
- State v. MalpassSupreme Court of North Carolina · 1925
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