State v. . Parish
Supreme Court of North Carolina
Rape — Evidence—Indictment—Joinder of Counts— When Prosecutor Required to Elect. This was an Indictment for Rape, tried at January Term, 1889, of the Superior Court of Wake County, before Graves, J. The indictment was drawn for the common law offence.
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Rape — Evidence—Indictment—Joinder of Counts— When Prosecutor Required to Elect. This was an Indictment for Rape, tried at January Term, 1889, of the Superior Court of Wake County, before Graves, J. The indictment was drawn for the common law offence. C. E. Goodwdn, of the regular venire, was challenged by the State, for that he had a suit pending and at issue in this Court, and it being found as a fact that he was a party to an action pending and at issue, the cause was allowed and the prisoner excepted. The State introduced Esther’ Parish, daughter of the defendant, who testified that she…
1Opinion of the CourtAvery, J.
— after stating the facts: The first exception was not insisted on by counsel, but -was not abandoned. It being found as a fact that the juror Goodwin was a party to an action pending and at issue in the Court in which the prisoner was being tried, it is only necessary to refer to the plain language of the law {The Code, §1728), without citation of the cases construing it.
The prisoner objected to allowing the prosecutrix, Esther, to testify as to different occasions, extending over a period of more than a year, in which he, as she alleged, had had carnal intercourse'with her against her will,…
2Cases cited9 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. . LaxtonSupreme Court of North Carolina · 1878
- State v. . WattsSupreme Court of North Carolina · 1880
- Riley's Administrator v. McCord's AdministratorSupreme Court of Missouri · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. . LeakSupreme Court of North Carolina · 1911
- State v. MaySupreme Court of North Carolina · 1977
- State v. . SmithSupreme Court of North Carolina · 1931
- Gasque v. StateSupreme Court of North Carolina · 1967
38 more not listed; retrieve them via the Exa API.