Legal Opinion

State v. . Smith

Supreme Court of North Carolina

Decided May 19, 1943PublishedCited by 1 opinion

1Opinion of the CourtBaRNhill, J.

On tbis record tbe primary question presented for decision is tbis: ~Was there error in tbe refusal of tbe court below to dismiss as of nonsuit under C. S., 4643 ?

Tbe defendant was indicted under C. S., 4339. To convict tbe defendant of seduction as defined in tbis statute and as charged in tbe bill of indictment it was incumbent upon tbe State to satisfy tbe jury beyond a reasonable doubt (1) that tbe prosecutrix was at tbe time of tbe seduction an innocent and virtuous woman; (2) a promise of marriage; and (3) carnal intercourse induced by such promise.' For tbis purpose tbe testimony of…

2Cases cited12 opinions

  1. State v. . BrackettSupreme Court of North Carolina · 1940
  2. Stevenson v. BelknapSupreme Court of Iowa · 1858
  3. State v. . FergusonSupreme Court of North Carolina · 1890
  4. State v. CrookSupreme Court of North Carolina · 1925
  5. State v. . FulcherSupreme Court of North Carolina · 1918

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3Cited by1 opinion

  1. State v. LeggettSupreme Court of North Carolina · 1961

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