State v. Johnson
Supreme Court of North Carolina
INDICTMENT for an assault with intent to commit rape, tried before Meares, Judge, and a jury, at December Term, 1885, of the Criminal Court of Mecklenburg county. After the evidence for the State had closed, the defendant offered to submit to a verdict for a simple assault, which was agreed to by the State.
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INDICTMENT for an assault with intent to commit rape, tried before Meares, Judge, and a jury, at December Term, 1885, of the Criminal Court of Mecklenburg county. After the evidence for the State had closed, the defendant offered to submit to a verdict for a simple assault, which was agreed to by the State. Thereupon, the verdict was so entered, and the Court sentenced the defendant to imprisonment in the county jail for twelve months, and that he hired out by the county commissioners. From this judgment the defendant appealed.
1Opinion of the CourtMebbiuon, J.
The charge in the indictment, is that of assault with the intent to commit rape. The defendant, however, was only convicted of a simple assault. No deadly weapon was used, nor was any serious damage done to the prosecutrix. So that the offence committed, was one within the jurisdiction of a justice of the peace, and the offender might have been prosecuted in that jurisdiction.
As, however, the indictment charged an offence in its nature embracing an assault, within the jurisdiction of the Criminal Court, that Court obtained jurisdiction, and although the conviction was for the less offence,…
2Cases cited5 opinions
- State v. . ReavesSupreme Court of North Carolina · 1881
- State v. . HortonSupreme Court of North Carolina · 1883
- State v. . NorwoodSupreme Court of North Carolina · 1885
- State v. . SpellerSupreme Court of North Carolina · 1884
- State v. . WattsSupreme Court of North Carolina · 1881
3Cited by14 opinions
- State v. . WilliamsSupreme Court of North Carolina · 1923
- State v. BattleSupreme Court of North Carolina · 1902
- State v. . AlbertsonSupreme Court of North Carolina · 1893
- State v. . GrimesSupreme Court of North Carolina · 1946
- State v. SchallerSouth Dakota Supreme Court · 1926
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