State v. . Reaves
Supreme Court of North Carolina
IndictmeNT for assault with intent to commit rape, tried at Spring Term, 1881, of Johnston Superior .Court, before Oudger, J. The defendant is charged with an assault and battery upon the body of one Margaret D. Stephenson with intent to commit rape, and found guilty of the assault and battery only. At the trial the court w-a.s asked to charge the jury that the defendant could not be convicted under the bill of indictment, unless the intent alleged was shown by the state.
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IndictmeNT for assault with intent to commit rape, tried at Spring Term, 1881, of Johnston Superior .Court, before Oudger, J. The defendant is charged with an assault and battery upon the body of one Margaret D. Stephenson with intent to commit rape, and found guilty of the assault and battery only. At the trial the court w-a.s asked to charge the jury that the defendant could not be convicted under the bill of indictment, unless the intent alleged was shown by the state. The court refused to give this direction, and instructed the jury that they- could convict of the offence imputed, or of…
1Opinion of the CourtSmith, C. J.
After the rendering of the verdict, a motion in arrest of judgment was submitted on the ground of a want of jurisdiction in the court over the minor misdemeanor included in the charge, it appearing in evidence that the assault was made within six months preceding the finding of the bill, and was not attended with serious damage. The testimony heard by the jury, it is stated, did not show that any serious injury had been inflicted upon the person of the prosecutrix.
The restricted original jurisdiction conferred upon the superior, inferior and criminal courts over inferior misdemeanors by the…
2Cases cited3 opinions
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . SlagleSupreme Court of North Carolina · 1880
- State v. . TaylorSupreme Court of North Carolina · 1880
3Cited by12 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1886
- McLean v. StateSupreme Court of Florida · 1887
- State v. . PhillipsSupreme Court of North Carolina · 1889
- State v. . RaySupreme Court of North Carolina · 1883
- State v. JohnsonSupreme Court of North Carolina · 1886
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