State v. Peak
Supreme Court of North Carolina
INDICTMENT against Henry Peak, heard by Judge W, B. Gouncil and,a jury, at Spring Term, 1902, of the Superior Court of Pole County. From a verdict of guilty and judgment thereon, the defendant appealed. -
1Opinion of the Court
CdabK/ J.
The indictment charges that the defendant, “with force and arms, at and in the county aforesaid, unlawfully, wilfully and feloniously, did commit an assault upon the body of Mary Mooney, with intent her, the said Mary Mooney, unlawfully and wilfully and feloniously to rape, against'the will of said Mary Mooney,” etc. There was no motion to quash, nor exception to evidence or charge, but, *712.after a, verdict of guilty, tbe judgment was arrested' on motion of defendant because of tbe omission of tbe word “for'ci-bly.”
In any possible aspect, tbis is error, and tbe case must go back for…
2Cases cited8 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . JohnsonSupreme Court of North Carolina · 1872
- State v. . HarrisSupreme Court of North Carolina · 1890
- State v. . PowellSupreme Court of North Carolina · 1890
- State v. . BarnesSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . HolderSupreme Court of North Carolina · 1903
- State v. HolderSupreme Court of North Carolina · 1903
- Elliott v. StateWyoming Supreme Court · 1931
- Beard v. StateSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.