State v. . Marsh

DOUGLAS and WALKER. J J., dissenting. This case was before us at last term, S. v.Marsh, 132 N.C. 1000. There were numerous exceptions, none of which were considered because a motion in arrest of judgment was made and allowed for the absence from the indictment (for rape), as sent up in the record, of the words "against her will." This objection was not taken below. It now appears by the inspection of the indictment by the judge below, and his finding of fact thereon, that those words were in fact in the indictment as found by the grand jury and upon which the prisoner was tried, and were…