Legal Opinion

State v. . Shaft

Supreme Court of North Carolina

Decided May 20, 1914PublishedCited by 16 opinions

Appeal by defendant from Carter, Jat November Term, 1913, of BuNoombe. . This is an indictment for a violation of sections 3618 and 3619, Revisal.

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Appeal by defendant from Carter, Jat November Term, 1913, of BuNoombe. . This is an indictment for a violation of sections 3618 and 3619, Revisal. The bill of indictment charged that the defendant “did unlawfully and willfully and feloniously advise and procure a certain woman, called Annie Kraft, to take a certain noxious drug, the name of which is to the grand jurors unkno.wn, with intent thereby to procure the miscarriage of her, the said Annie Kraft, she being at the time pregnant.” From the judgment sentencing the defendant to imprisonment in the State’s Prison for three years, and to…

1Opinion of the CourtBeowN, J.

The first and second assignments of error relate to the admission of testimony tending to prove sexual intercourse upon the part of the girl, Annie Kraft. This testimony was wholly immaterial, and certainly harmless as to the defendant.

There was no dispute as to the pregnancy of the girl, and the only question to be determined was whether or not the defendant had administered to her medicine for the purpose of procuring an abortion.

Exceptions 3, 4, 5, and 6 relate to the competency of certain witnesses to testify as experts, and to their qualifications as such. A previous witness had…

2Cited by16 opinions

  1. State v. TilleySupreme Court of North Carolina · 1954
  2. State v. . AshburnSupreme Court of North Carolina · 1924
  3. State v. . KellySupreme Court of North Carolina · 1940
  4. State v. BennettSupreme Court of North Carolina · 1953
  5. State v. KellySupreme Court of North Carolina · 1940

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