State v. . Johnson

The questions presented are whether the cases as made can survive the demurrers. Specifically, the question posed by Primus is whether the evidence shows force sufficient on bis. part to constitute rape; and the question raised by Johnson is whether the evidence renders him a participant in the capital offense. the defendants concede that they conspired to get money by bold-up and robbery on the night in question, but they contend that any additional crime was in excess of their original design. S. v. Trammell, 24 N. C., 379. Cf. S. v. Smith, 221 N. C., 400, 20 S. E. (2d), 360; S. v. Bell,…