State v. Marsh
Supreme Court of North Carolina
This was a MotioN by the State to restore this case to the docket and for a writ of certiorari herein.
1DissentWaleek, J.
The defendant was indicted in the Court below for the crime of rape, and, having been convicted, appealed to this Court. At the last term we arrested the judgment upon the ground that there was no allegation in the indictment that the offense had been committed “against the wilTof the prosecutrix.” 132 N. C., 1000.
The opinion of this Court was filed on 31 March, 1903, and the certificate was sent to the Superior Court on 1 May, *1901903, so that the case was retained, in this Court-, under the rule, for the purpose of correction, a full month before it was returned to the lower court. This…
2Cases cited26 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- The PalmyraSupreme Court of the United States · 1827
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Carr v. United StatesSupreme Court of the United States · 1879
- Fink v. O'NeilSupreme Court of the United States · 1882
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