Legal Opinion

State v. . Harris

Supreme Court of North Carolina

Decided December 2, 1908PublishedCited by 11 opinions

ActioN tried before Webb, J., and a jury, April Term, 1908, of ANSON. Defendant was indicted for violating the provisions of sec. 3352 of the Eevisal, charging that he committed incest, in that he had carnal intercourse with a woman'who was the daughter of his half sister. There was evidence tending to prove the act. Defendant requested the court to instruct the jury to return a verdict of not guilty. ’ Denied and defendant excepted. Verdict of guilty. Judgment and appeal.

1Opinion of the CourtCokNob, J.

Tbe sole question presented by defendant’s exception to tbe refusal of bis Honor to direct a verdict of not guilty, is whether the daughter of defendant’s half sister comes within the language of' the . statute.. Section 3351 defines incest to be carnal intercourse between grandparent and grandchild, parent and child, brother and sister of the half or whole blo.od. Section 3352 defines the crime to be such intercourse between uncle and niece, nephew and aunt. Eor obvious reasons, nothing is 'said of the half or whole blood, The relation of uncle and niece must of necessity be of the half…

2Cases cited3 opinions

  1. Shelly v. StateTennessee Supreme Court · 1895
  2. State v. ReedySupreme Court of Kansas · 1890
  3. State v. WymanSupreme Court of Vermont · 1887

3Cited by11 opinions

  1. People v. BakerCalifornia Supreme Court · 1968
  2. State v. HymanSupreme Court of North Carolina · 1913
  3. Tapscott v. StateCourt of Appeals of Maryland · 1996
  4. State v. LambSupreme Court of Iowa · 1929
  5. State v. TuckerIndiana Supreme Court · 1910

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