State v. . Scott
Supreme Court of North Carolina
INDxctment for an Assault with intent to commit rape, Iried at Spring Term, 1878, of Cumberland Superior Court, before Moore, J. The facts necessary to an understanding of the case appear in the opinion. Verdict of guilty, judgment, appeal by defendant.
1Opinion of the CourtSmith, C. J.
The record sets out several exceptions taken during the progress of the trial which will be noticed as follows:
1. The court refused to continue the cause on the defendant’s affidavit and ordered the trial: The refusal to continue a cause is a matter resting in the sound discretion of the presiding judge, and no appeal lies from the exercise of that discretion.
2. During the cross-examination of the prosecutrix by the defendant’s counsel and while she was detailing what passed between ,her mother and herself immediately after the assault, she testified that her mother asked, — “ What is the…
2Cited by9 opinions
- S. v. . EnglishSupreme Court of North Carolina · 1913
- State v. Blackley.Supreme Court of North Carolina · 1905
- State v. EnglishSupreme Court of North Carolina · 1913
- Dupree v. . Virginia Home Insurance Co.Supreme Court of North Carolina · 1885
- Banks v. Gay Manufacturing Co.Supreme Court of North Carolina · 1891
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