State v. Marsh.
Supreme Court of North Carolina
INDICTMENT against John Marsh, beard by Judge E. W. Timberlahe and a jury, at November Term, 1902, of the Superior Court of Union County, upon the following bill: “The jurors for the State upon their oaths present that John Marsh, late of the County of Union, on the 27th day of October in the year of our Lord one thousand nine hundred and two, with force and arms at and in’the county aforesaid, in and upon one Alice Carelocli in the peace of God and the State then and there…
Read the full summary
INDICTMENT against John Marsh, beard by Judge E. W. Timberlahe and a jury, at November Term, 1902, of the Superior Court of Union County, upon the following bill: “The jurors for the State upon their oaths present that John Marsh, late of the County of Union, on the 27th day of October in the year of our Lord one thousand nine hundred and two, with force and arms at and in’the county aforesaid, in and upon one Alice Carelocli in the peace of God and the State then and there being, unlawfully, wilfully, violently and feloniously did make and assault, and her, the said Alice Carelock, then and…
1Opinion of the CourtClark, C. J.
The prisoner’s counsel moves in this court in arrest of judgment for defect in the indictment, which is set out above in the statement of the case. This he had a right to do, though no objection on that ground was taken in the court below. State v. Watkins, 101 N. C., 702; State v. Caldwell, 112 N. C., 854; Rule 27 of this court.
The Code, Section 1101, defines rape as the “ravishing and carnally knowing any female of the age of ten years or more, forcibly and against her will,” with the further statement as to what constitutes rape when the female is under that age. All the authorities concur…
2Cases cited12 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1872
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. . WatkinsSupreme Court of North Carolina · 1888
- State v. . PowellSupreme Court of North Carolina · 1890
- Leoni v. StateSupreme Court of Alabama · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. . AllenSupreme Court of North Carolina · 1923
- State v. NeilIdaho Supreme Court · 1907
- State v. CrawfordSupreme Court of North Carolina · 1963
- State v. . JacksonSupreme Court of North Carolina · 1930
21 more not listed; retrieve them via the Exa API.