State v. . Jordan
Supreme Court of North Carolina
INDICTMENT for rape, tried at January Term, 1892, of Northampton Superior Court, Winston, J., presiding. The prisoners are charged in the first count of the indictment with a rape committed upon the prosecutrix; and, in a second count, one of them is charged with being present, aiding and abetting the other to perpetrate the offence.
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INDICTMENT for rape, tried at January Term, 1892, of Northampton Superior Court, Winston, J., presiding. The prisoners are charged in the first count of the indictment with a rape committed upon the prosecutrix; and, in a second count, one of them is charged with being present, aiding and abetting the other to perpetrate the offence. Upon the plea of not guilty, there was a verdict of guilty, and a motion in arrest of judgment upon the ground that the indictment charged that tire prisoners jointly committed the offence. The Court overruled the motion, and the prisoners excepted. The…
1Opinion of the Court
Merrimon, C. J.:
The indictment is sufficient, and the-Court properly denied the motion in arrest of judgment. Two or more men may commit the single crime of rape by being present, aiding and abetting the actual ravisher in the perpetration of the offence. At the common law, all such offenders are equally principals and' alike participate in the crime and guilt. They may, therefore, all be indicted together in the same manner as the one who directly does the injury. ' The statute of this State in respect to rape does not change or modify the common law as to persons present, aiding and…
2Cases cited4 opinions
- Jones v. . JonesSupreme Court of North Carolina · 1879
- State v. . PierceSupreme Court of North Carolina · 1884
- State Ex. Rel. Davenport v. McKeeSupreme Court of North Carolina · 1886
- State v. . GarlandSupreme Court of North Carolina · 1886
3Cited by8 opinions
- Vogel v. StateWisconsin Supreme Court · 1909
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1901
- State v. . JohnsonSupreme Court of North Carolina · 1946
- Parrett v. StateIndiana Supreme Court · 1928
- Trust Co. v. . BenbowSupreme Court of North Carolina · 1904
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