State v. . Claywell
Supreme Court of North Carolina
CRIMINAL ACTION, tried before Clark, Judge, at August Term, 1887, of Iredell Superior Court. The indictment framed under the statute (The Code, §1113,} is for an attempt, in a wanton and malicious manner, and by the uttering and publishing a slanderous charge imputing sexual criminal intercourse, to destroy the reputation of an innocent woman.
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CRIMINAL ACTION, tried before Clark, Judge, at August Term, 1887, of Iredell Superior Court. The indictment framed under the statute (The Code, §1113,} is for an attempt, in a wanton and malicious manner, and by the uttering and publishing a slanderous charge imputing sexual criminal intercourse, to destroy the reputation of an innocent woman. On the trial, upon the plea of not guilty, the alleged defamatory words were shown to have been spoken more than two years before the commencement of the prosecution, and to. several persons on different occasions. The accused insisted that he was…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The objection must be taken to be directed not so much to the reception of the evidence as to its legal effect upon the question of the defendant's guilt, under his plea. If well taken, and the of-fence charged is one to which the limitation applies, the result would be an acquittal, unless saved by the proviso.
While we do not think the fact, were it true, that the implied sexual intercourse took place in secret, while the defamatory utterance was necessarily in the hearing of witnesses, (and therein, when accompanied with the specified intent, consists…
2Cited by2 opinions
- Bowden v. . BailesSupreme Court of North Carolina · 1888
- State v. SurlesSupreme Court of North Carolina · 1949