State v. . Johnson
Supreme Court of North Carolina
Appeal by defendants from Parher, J., at September Term, 1945, of Wake, beard in Supreme Court upon motion in arrest of judgment.
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Appeal by defendants from Parher, J., at September Term, 1945, of Wake, beard in Supreme Court upon motion in arrest of judgment. Criminal prosecution upon tbe following bill of indictment: “Tbe jurors for tbe State upon their oath present, that Charles Primus, Jr., and Wilbert Johnson, male persons over 18 years of age, late of tbe County of Wake, on tbe 19th day of July in tbe year of our Lord one thousand nine hundred and forty five, with force and arms, at and in tbe county aforesaid, not having tbe fear of God before their eyes, but being moved and seduced by the instigation of tbe…
1Opinion of the Court
"WiNboeNe, J.
Pending bearing on appeal taken, as above stated, defendants filed originally in tbis Court motion in arrest of judgment upon tbe ground that tbe bill of indictment is insufficient to support a judgment of death in that it fails to charge that tbe offense, alleged to have been committed on tbe female person named, was done “forcibly” and “against her will.”
In tbe light of tbe language of tbe statute, G. S., 14-21, pertaining to punishment for rape, as construed in several decisions of tbis Court, particularly S. v. Marsh, 132 N. C., 1000, 43 S. E., 828, where tbe authorities are…
2Cases cited4 opinions
- State v. . JohnsonSupreme Court of North Carolina · 1872
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . PowellSupreme Court of North Carolina · 1890
- State v. . Negro JimSupreme Court of North Carolina · 1826
3Cited by12 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. MurrySupreme Court of North Carolina · 1970
- State v. CarterSupreme Court of North Carolina · 1965
- State v. StricklandSupreme Court of North Carolina · 1961
- State v. SellersSupreme Court of North Carolina · 1968
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