State v. . Leak
Supreme Court of North Carolina
. Appeal from Ferguson, J., at September Term, 1911, of RICHMOND. Tbe defendant is charged in the indictment with the crime of assaulting Maggie Hasty, who was about 12 years of age, with the intent to commit rape, and upon conviction was sentenced to a term of five years in the State’s Prison.
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. Appeal from Ferguson, J., at September Term, 1911, of RICHMOND. Tbe defendant is charged in the indictment with the crime of assaulting Maggie Hasty, who was about 12 years of age, with the intent to commit rape, and upon conviction was sentenced to a term of five years in the State’s Prison. The assault is alleged to have been committed at the home of the prosecuting witness, where the defendant, who is an old negro man, was working; and the only person on the premises, except the defendant and the witness, was a little sister of the witness. Neighbors lived within a short distance, but,…
1Opinion of the CourtAlleN, J.
Upon an examination of tbe record, we find no error which entitles the defendant to a new trial. The objection that there was not sufficient evidence to sustain a conviction cannot be entertained after verdict. S. v. Harris, 120 N. C., 578; S. v. Huggins, 126 N. C., 1055; S. v. Williams, 129 N. C., 582. But if it had been made in apt time, it could not avail the defendant, as the evidence is as conclusive as in S. v. Page, 127 N. C., 512, and stronger than in S. v. Garner, 129 N. C., 536, in which judgments upon verdicts of guilty were approved.
His Honor gave the defendant the benefit of all…
2Cases cited7 opinions
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. Page.Supreme Court of North Carolina · 1900
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3Cited by54 opinions
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- State v. LloydSupreme Court of North Carolina · 2001
- State v. WilliamsSupreme Court of North Carolina · 1970
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