Legal Opinion
State v. . Johnston
Supreme Court of North Carolina
Decided January 5, 1877PublishedCited by 22 opinions
Indictment — Attempt to Commit Rape. INDICTMENT for Rape, tried at Fall Term, 1876, of Meck-lenburg Superior Court, before Schenck, J. The ease is so fully discussed by Mr. Justice Reade in delivering the opinion of this Court, that any farther statement is deemed' unnecessary. cited, State v. Sam, 1 Winst. 300; State v. Burgess, 74 N. C. 272 ; State v. Farmer, 4 Ire. 224, and East. 435.
1Opinion of the CourtReade, J.
“Every person who is convicted in due course of law of ravishing and carnally knowing any female of the age of ten years or more, by force and against her will, or who is convicted in like manner of unlawfully and carnally knowing and abusing any female child under the age of ten years, shall suffer death.” Laws 1868-’9, ch. 167, § 2.
“Every person convicted by due course of law of an assault with intent to commit a rape upon the body of any female shall be imprisoned in the State prison, not less than five nor more than fifteen years.” Ibid. § 3.
The above sections which immediately follow…
2Cases cited1 opinion
- State v. . StorkeySupreme Court of North Carolina · 1868
3Cited by22 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- State v. CrawfordSupreme Court of North Carolina · 1963
- State v. HunterWashington Supreme Court · 1898
- State v. AnthonySupreme Court of North Carolina · 2000
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