State v. . Perkins
Supreme Court of North Carolina
IndictmeNt for an Assault with intent to commit rape, tried at Fall Term, 1879, of Camden Superior Court, before Gudger, J. The bill contained one count wherein the defendant is 'charged with making a violent and felonious assault upon the person of the prosecutrix with intent, her then and there feloniously and against her will, to ravish and carnally know,and upon the trial under instructions from the court, was found guilty of an assault only.
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IndictmeNt for an Assault with intent to commit rape, tried at Fall Term, 1879, of Camden Superior Court, before Gudger, J. The bill contained one count wherein the defendant is 'charged with making a violent and felonious assault upon the person of the prosecutrix with intent, her then and there feloniously and against her will, to ravish and carnally know,and upon the trial under instructions from the court, was found guilty of an assault only. Thereupon the defendant’s counsel moved for his discharge on the ground that in an indictment for a felony there could not be a conviction for the…
1Opinion of the CourtSmith, C. J.
The defendant’s appeal presents two questions to be determined, first, was the defendant entitled to his discharge? and secondly, if not, was the sentence regular and legal?
1. The legal proposition, that upon a single felonious charge contained in an indictment a person cannot be convicted and punished for the misdemeanor involved, is correct upon principle and by express adjudication in this state. In State v. Durham, 72 N. C., 447, in reviewing an exception of the prisoner to the refusal of the court “to instruct the jury that if-they were not satisfied of the commission of the felony as…
2Cases cited2 opinions
- Dunn v. . Barnes, Adm'rSupreme Court of North Carolina · 1875
- State v. . DurhamSupreme Court of North Carolina · 1875
3Cited by10 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- State v. . JonesSupreme Court of North Carolina · 1880
- State v. . CatheySupreme Court of North Carolina · 1916
- State v. DoughtieSupreme Court of North Carolina · 1953
- Strickland v. CoxSupreme Court of North Carolina · 1889
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