State v. Mitchell
Supreme Court of North Carolina
INDICTMENT for an assault with intent to commit rape, tried at Spring Term, 1883, of Edgecombe Superior . Court, before Gilmer, J. ■ The prosecutrix testified that during Fair Week, in the town of Tarboro, in the fall of 1882, she started after night (the night being very dark) to see a female accpaintance in the town, and was accompanied by her little nephew; that when she reached a certain street-crossing, she was alone, the nephew having stopped on Main street; she there…
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INDICTMENT for an assault with intent to commit rape, tried at Spring Term, 1883, of Edgecombe Superior . Court, before Gilmer, J. ■ The prosecutrix testified that during Fair Week, in the town of Tarboro, in the fall of 1882, she started after night (the night being very dark) to see a female accpaintance in the town, and was accompanied by her little nephew; that when she reached a certain street-crossing, she was alone, the nephew having stopped on Main street; she there observed a man standing behind a tree near the corner; passing down the cross-street, she soon thereafter saw some one…
1Opinion of the CourtMerrIMON, J.
It sufficiently appears from the record in this case, that the cross-examination of the prosecutrix tended and was intended to impeach her. Hence, the corroborative testimony introduced by the state to sustain her, was competent and properly received. March v. Harrell, 1 Jones, 329; State v. Laxton, 78 N. C., 564.
The testimony of the corroborating witness was admissible on other grounds, to which we need not now' advert.
The testimony of the prosecutrix was pertinent, and tended strongly to prove the intent charged in the indictment, if the jury believed it. It wms such as might fairly,…
2Cases cited3 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . LaxtonSupreme Court of North Carolina · 1878
- State v. . NeelySupreme Court of North Carolina · 1876
3Cited by6 opinions
- State v. . WhitfieldSupreme Court of North Carolina · 1885
- State v. . PowellSupreme Court of North Carolina · 1886
- Territory of Dakota v. KeyesSupreme Court Of The Territory Of Dakota · 1888
- Bannen v. StateWisconsin Supreme Court · 1902
- State v. . ShinesSupreme Court of North Carolina · 1899
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