Legal Opinion

State v. . Neely

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 13 opinions

INDICTMENT, for an assault with intent to commit a rape, tried before '•c'muck. •/.. and a jury, at Fall Term, 1875, of the Superior Court of Cababbus comity. It was in evidence that on the 10th July, 1875, the prose-cutrix, a woman over ten years of age, and a young girl were returning home, along the track of the North Carolina Railroad, a few miles from Concord.

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INDICTMENT, for an assault with intent to commit a rape, tried before '•c'muck. •/.. and a jury, at Fall Term, 1875, of the Superior Court of Cababbus comity. It was in evidence that on the 10th July, 1875, the prose-cutrix, a woman over ten years of age, and a young girl were returning home, along the track of the North Carolina Railroad, a few miles from Concord. When they reached a point on the railroad at which a country road crossed the same, the prosecutrix and the- girl separated. The road taken by the prosecutrix lead through a woods about a quarter of a mile, to the house’of her…

1Opinion of the Court

RODMAN and BYNUM, JJ., dissenting. It was in evidence that on the 10th July, 1875, the prosecutrix, a woman over ten years of age, and a young girl were returning home, along the track of the North Carolina Railroad, a few miles from Concord. When they reached a point on the railroad at which a country road crossed the same, the prosecutrix and the girl separated. The road taken by the prosecutrix led through a woods about a quarter of a mile, to the house of her brother-in-law, with whom she then resided. Very soon after she left the railroad, she heard the prisoner, a colored man, "holler"…

2Cases cited2 opinions

  1. State v. . RawlesSupreme Court of North Carolina · 1871
  2. State v. . DavisSupreme Court of North Carolina · 1840

3Cited by13 opinions

  1. Dorsey v. StateSupreme Court of Georgia · 1899
  2. State v. SmithSupreme Court of Missouri · 1883
  3. Chapman v. StateSupreme Court of Alabama · 1885
  4. State v. . PowellSupreme Court of North Carolina · 1886
  5. State v. . JonesSupreme Court of North Carolina · 1942

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