State v. . Dancy
Supreme Court of North Carolina
■ INDICTMENT for an Assault with intent to commit Rape, tried at Rail Term, 1877, of "Wilkes Superior Court, before Cloud,'J. It was in evidence that the defendant was in the employment of the father of the female child undér ten years of age, upon whom the offence was alleged to have been committed, and on a certain occasion, the father hearing a noise therein went to his barn and found the defendant on the child, she being on her back with her clothes up, and discovered…
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■ INDICTMENT for an Assault with intent to commit Rape, tried at Rail Term, 1877, of "Wilkes Superior Court, before Cloud,'J. It was in evidence that the defendant was in the employment of the father of the female child undér ten years of age, upon whom the offence was alleged to have been committed, and on a certain occasion, the father hearing a noise therein went to his barn and found the defendant on the child, she being on her back with her clothes up, and discovered other evidences of improper intorcouse. Both the defendant and the child were chastised by the father. The defendant was…
1Opinion of the CourtBynum, J.
The prisoner, a boy of fifteen or sixteen years •of age, was convicted of an assault with an intent to com mit a rape, upon a female child of the age of six years-The exception of the prisoner is to the Judge’s charge to-the jury.
The prisoner’s counsel in his argument to the jury attempted to show from the evidence, that the prisoner did not have the intent to commit the offence charged* The-case then states that ‘T-Iis Honor, in commenting upon' the-testimony and referring to the theory of the State, remarked with emphasis, ‘.Why was she on her back then? and!, why was he on her? The counsel…
2Cases cited2 opinions
- State v. . DixonSupreme Court of North Carolina · 1876
- Crutchfield v. . R. D. R. R. Co.Supreme Court of North Carolina · 1877
3Cited by17 opinions
- Withers v. . LaneSupreme Court of North Carolina · 1907
- State v. . HartSupreme Court of North Carolina · 1923
- State v. SimpsonSupreme Court of North Carolina · 1951
- State v. StaleySupreme Court of North Carolina · 1977
- Speed v. PerrySupreme Court of North Carolina · 1914
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