State v. . Jesse
Supreme Court of North Carolina
The prisoner was tried at Craven, on the last Circuit, before his Honor Judge Nash, upon an indictment containing two counts, the first of which charged hirnwith a rape; and the second with an assault with intent to commit a rape, upon the body of a white female.
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The prisoner was tried at Craven, on the last Circuit, before his Honor Judge Nash, upon an indictment containing two counts, the first of which charged hirnwith a rape; and the second with an assault with intent to commit a rape, upon the body of a white female. He was acquitted upon the first count, but ■ found guilty upon the second, which was in the following words, to wit: “ And the jurors aforesaid, upon their oath aforesaid, do further present, that Jesse, a slave, being a person of colour, late of the county of Craven, the property of Miss Sarah Green, on' the first day of October, in…
1Opinion of the Court
Ruffin, Chief Justice.
The counsel for the prisoner, deeming the points taken for him in the Superior Court untenable, has declined arguing them. This renders it unnecessary that the Court should notice them, further than to remark, that in our opinion, the prisoner has no cause to complain of the benignant and favourable manner in which his Honor put to the jury a point of fact in his defence, that was left uncertain upon his own evidence. The counsel has, however, pointed to an omission in the indictment, which he insists, and the Court thinks, is fatal to the sentence passed on the prisoner.
2Cited by6 opinions
- State v. . KirklandSupreme Court of North Carolina · 1919
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. FowlerSupreme Court of North Carolina · 1966
- State ex rel. Kojis v. BarczakWisconsin Supreme Court · 1953
- State v. WessonCourt of Appeals of North Carolina · 1972
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