State v. . Hill
Supreme Court of North Carolina
Appeal by tbe defendant from Lane-, J., at May Term, 1920, of MecKLenbtjeg. Tbe defendant was indicted for an assault upon Ruth Martin with intent to ravish her. The evidence against the defendant will sufficiently appear from that .given by the prosecutrix herself, which is as follows: “On 12 April, 1920, I was living with my father, R. T. Martin, on North Caldwell Street. I am past eighteen years of age. I sleep on the second floor of my father’s residence.
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Appeal by tbe defendant from Lane-, J., at May Term, 1920, of MecKLenbtjeg. Tbe defendant was indicted for an assault upon Ruth Martin with intent to ravish her. The evidence against the defendant will sufficiently appear from that .given by the prosecutrix herself, which is as follows: “On 12 April, 1920, I was living with my father, R. T. Martin, on North Caldwell Street. I am past eighteen years of age. I sleep on the second floor of my father’s residence. The defendant, John Hill, was boarding and lodging at my father’s house. Had been with us about a week before the alleged assault. Hill…
1Opinion of the Court
Walker, J.,
after stating the ease: It has been the settled rule of this State, ever since the case of S. v. Massey, 86 N. C., 658, was decided, that in order to convict a defendant on the charge of an assault with intent .to commit rape thfc evidence should show not only -an assault, but that the defendant intended to gratify his passion on the person of the woman, and that he intended to do so, at all events, notwithstanding any resistance on her part. It was held in the Massey case that the evidence there offered by the State was wholly insufficient for a conviction, and the facts were very…
2Cases cited6 opinions
- State v. . MasseySupreme Court of North Carolina · 1882
- State v. . JeffreysSupreme Court of North Carolina · 1895
- State v. Page.Supreme Court of North Carolina · 1900
- State v. Adams.Supreme Court of North Carolina · 1903
- S. v. . SmithSupreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. FergusonSupreme Court of North Carolina · 1964
- State v. BurnetteSupreme Court of North Carolina · 1955
- State v. GammonsSupreme Court of North Carolina · 1963
- United States v. Michael D. WilliamsCourt of Appeals for the Fourth Circuit · 1973
- State v. . HoltSupreme Court of North Carolina · 1926
11 more not listed; retrieve them via the Exa API.