State v. . Hargrave
Supreme Court of North Carolina
This was an indictment for rape, tried before Logan, J., at Spring Term, 1871, of Gaston Superior Court. The prosecutrix testified that she had been thrown down by the prisoner, and that he then had his will with her and effected a penetration of her person, and in consequence thereof she was rendered very sore in her body, that she was aged sixteen years, and that no blood was found upon her person or clothing.
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This was an indictment for rape, tried before Logan, J., at Spring Term, 1871, of Gaston Superior Court. The prosecutrix testified that she had been thrown down by the prisoner, and that he then had his will with her and effected a penetration of her person, and in consequence thereof she was rendered very sore in her body, that she was aged sixteen years, and that no blood was found upon her person or clothing. The defendant’s counsel intimated that the evidence was not sufficient to constitute the crime of rape, that there was no such penetration as required by law, since the hymen wras not…
1Opinion of the CourtBoyden, J.
There is no error. His Honor left it to the jury, upon the testimony, to find whether there had been any penetration ; stating that any, the least penetration was sufficient to constitute the crime of rape, and that it was not necessary to constitute this crime, that the hymen should be ruptured. His Honor was well warranted by authority in thus charging the jury. See 9 Carrington & Payne 572 and note, Bishop’s Criminal Law, Vol. 2, Sec. 1078, American Criminal Law, Vol. 2, Section 1138.
In the case of the State v. Grey & Jones, decided at December Term, 1860, it was held that to constitute…
2Cited by17 opinions
- LP v. Natrona County Department of Public Assistance & Social ServicesWyoming Supreme Court · 1984
- State v. JonesSupreme Court of North Carolina · 1958
- State v. CarnagySupreme Court of Iowa · 1898
- State v. JohnsonSupreme Court of North Carolina · 1986
- State v. BowmanSupreme Court of North Carolina · 1950
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