State v. . Dancy
Supreme Court of North Carolina
INDICTMENT for an assault with intent to carnally know a female under ten years of age, tried at Spring Term, 1880, of Wilkes Superior Court, before Buxton, J. The indictment charged that the defendant in and upon one Mary Ann Whittington (an infant under the age of ten years), feloniously made an assault, and her the said Mary did beat, wound and ill-treat, with intent her the said Mary feloniously and unlawfully to carnally know and abuse, &c.
Read the full summary
INDICTMENT for an assault with intent to carnally know a female under ten years of age, tried at Spring Term, 1880, of Wilkes Superior Court, before Buxton, J. The indictment charged that the defendant in and upon one Mary Ann Whittington (an infant under the age of ten years), feloniously made an assault, and her the said Mary did beat, wound and ill-treat, with intent her the said Mary feloniously and unlawfully to carnally know and abuse, &c. The defendant was convicted, and his counsel insisted “that the offence charged in the indictment was distinct from an assault with intent to commit…
1Opinion of the CourtAshe, J.
If unlawfully to carnally know and abuse a female under ten years of age is rape, then there is no error in the sentence of the court below, but if it is not, then it is erroneous.
The legislature has declared by the act of 1868, ch. 167, § 2, that “ every person who is convicted in due course of law of ravishing and carnally knowing any female of the age of ten years or more, by force and against her will, or who is convicted in like manner of unlawfully and carnally knowing and abusing any female child under the age of ten years, shall suffer death.” The act of the state of Michigan, in…
2Cases cited3 opinions
- People v. McDonaldMichigan Supreme Court · 1861
- State v. . StorkeySupreme Court of North Carolina · 1868
- State v. . JohnstonSupreme Court of North Carolina · 1877
3Cited by14 opinions
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- State v. HunterWashington Supreme Court · 1898
- Ross v. StateWyoming Supreme Court · 1908
- Murphy v. StateIndiana Supreme Court · 1889
- State v. HartsellSupreme Court of North Carolina · 1968
9 more not listed; retrieve them via the Exa API.