State v. . Hewett
Supreme Court of North Carolina
^Appeal from Whedbee, J., at October Term, 1911, of Brunswick. Indictment for an assault with intent to commit rape. The defendant was convicted and sentenced. In apt time he moved in arrest of judgment for insufficiency of the bill of indictment, which read as follows: State oe North Carolina — Brunswick CouNty.
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^Appeal from Whedbee, J., at October Term, 1911, of Brunswick. Indictment for an assault with intent to commit rape. The defendant was convicted and sentenced. In apt time he moved in arrest of judgment for insufficiency of the bill of indictment, which read as follows: State oe North Carolina — Brunswick CouNty. In the Superior Court,'October Term, A. D. 1911. The jurors for the State, upon their oaths, present, That I. A. Hewet-t, late of the county of Brunswick, on the 20th day of July, 1911, with force and arms, at and in the county aforesaid, unlawfully, willfully, and feloniously did…
1Opinion of the Court
BrowN, J".
The bill is in the usual form, but omits the words “with intent.” After charging a felonious assault upon Lundie Bozeman, the bill concludes: “and her the said Lundie Bozeman did feloniously then and there attempt to ravish and carnally know, forcibly and against her will,” etc.
There are two decisions of this Court which sustain the contention of the defendant, S. v. Martin, 14 N. C., 329, and S. v. Goldston, 103 N. C., 323; but, with perfect deference, we must say we are not impressed with the reasoning upon which they are based, and we are no longer willing to follow them as…
2Cases cited3 opinions
- State v. . GoldstonSupreme Court of North Carolina · 1889
- People v. ThomasCalifornia Supreme Court · 1883
- State v. . MartinSupreme Court of North Carolina · 1832
3Cited by23 opinions
- State v. SurlesSupreme Court of North Carolina · 1949
- State v. SurlesSupreme Court of North Carolina · 1949
- People v. JonesMichigan Supreme Court · 1993
- State v. . AddorSupreme Court of North Carolina · 1922
- State v. GreenSupreme Court of North Carolina · 1957
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