Legal Opinion

State v. Hairston

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 35 opinions

INDICTMENT containing luyo counts, one for rape and the other for abusing and carnally knowing a female child over ten and under fourteen years of age, (Chapter 295, Acts of 1895) tried before Allen, J., and a jury at Spring Term, 1897, of Guilford Superior Court. The facts are stated in the opinion.

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INDICTMENT containing luyo counts, one for rape and the other for abusing and carnally knowing a female child over ten and under fourteen years of age, (Chapter 295, Acts of 1895) tried before Allen, J., and a jury at Spring Term, 1897, of Guilford Superior Court. The facts are stated in the opinion. The fourth exception referred to in the opinion was to the evidence of Dr. Schenck who, for-the purpose of showing penetration by the male defendant and also to the fact that the prosecutrix was under fourteen years of age, was allowed to testify that, upon exainination of the prosecutrix, he had…

1Opinion of the Court

Furches, J.:

The defendants were indicted under two counts — one for rape, under Section 1101 of The Code, and the other for the lesser offence of abusing and carnally knowing one Nellie Harris, a female child over ten years of age and under fourteen, under Chapter '295 of the Acts of 1895. The evidence of the State tended to prove that the defendant Hairston, and the defendant Lee acting in concert, procured whiskey, got the prosecuting witness into a room., gave her whiskey until she was drunk, and that the defendant Lee helped to hold the prosecutrix while the defendant Hairston had sexual…

2Cases cited4 opinions

  1. Grubbs v. North Carolina Home InsuranceSupreme Court of North Carolina · 1891
  2. State v. . RoweSupreme Court of North Carolina · 1887
  3. State v. . LaxtonSupreme Court of North Carolina · 1877
  4. State v. . DanielSupreme Court of North Carolina · 1882

3Cited by35 opinions

  1. State v. . GibsonSupreme Court of North Carolina · 1948
  2. State v. PhillipSupreme Court of North Carolina · 1964
  3. State v. StegmannSupreme Court of North Carolina · 1975
  4. State v. . O'NealSupreme Court of North Carolina · 1924
  5. State v. BraxtonSupreme Court of North Carolina · 1978

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