State v. . Martin
Supreme Court of North Carolina
The prisoner was tried on the last circuit, at Hyde, before his Honor Judge Martin, upon the following indictment: “ The jurors for the state, upon their oath present, that Martin, a “ slave, &c. not having, &c. but being moved, &c. on &c. with force “ arms at &c. in and upon one S. H. a white female, in the peace &c.
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The prisoner was tried on the last circuit, at Hyde, before his Honor Judge Martin, upon the following indictment: “ The jurors for the state, upon their oath present, that Martin, a “ slave, &c. not having, &c. but being moved, &c. on &c. with force “ arms at &c. in and upon one S. H. a white female, in the peace &c. “ violently and feloniously did make an assault, and her the said S. H- “ forcibly and against the will of her the said S. H. then and there “ did feloniously attempt to ravish and carnally know; against the “form, &c.” After a verdict for the prosecution, his Honor arrested the…
1Opinion of the Court
Rupein, Judge.
The Mtorney General admits in the argument, that the guilty will, with which the assault was made, is a necessary allegation in the indictment. Rut it is contended, that it is sufficiently expressed by “ then and there feloniously did attempt to ravish,” following the charge of the assault. The statute makes it a capital felony, for any person of color to make an assault with intent to commit a rape upon the body of a white female. Though in some minor offences the guilty will ( which in all cases is necessary to constitute a crime ) is implied from the wrongful overt act, and…
2Cited by5 opinions
- State v. . HewettSupreme Court of North Carolina · 1912
- State v. . BarnesSupreme Court of North Carolina · 1898
- State v. PowersSupreme Judicial Court of Maine · 1978
- Wooldridge v. United StatesCourt of Appeals for the Ninth Circuit · 1916
- Moody v. LovellSupreme Judicial Court of Maine · 1950