State v. . Goldston
Supreme Court of North Carolina
Assault with INTENT to commit Rape, tried before Mer-rimort, J., at Spring Term, 1889, of the Superior Court of Moore. The indictment charges that the defendant, “ with force and arms, at and in,” &c., “ on,” Upon the plea of not guilty to this indictment, on the trial, there was a verdict of guilty.
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Assault with INTENT to commit Rape, tried before Mer-rimort, J., at Spring Term, 1889, of the Superior Court of Moore. The indictment charges that the defendant, “ with force and arms, at and in,” &c., “ on,” Upon the plea of not guilty to this indictment, on the trial, there was a verdict of guilty. The Court, on motion, arrested the judgment, upon the ground that the indictment was fatally defective, in that it failed to charge that the defendant assaulted Ihe child therein named “ with intent felonious^ to carnally know,” &c. The Court further decided, that the defendant was by Ihe verdict…
1Opinion of the CourtMerrimon, J.
The statute (The Code, §1101) prescribes that “ every person who is convicted of ravishing and carnally knowing any female of the age of ten years or more, by force and against her will, or who is convicted of unlawfully and carnally knowing and abusing any female child under the age of ten years, shall suffer death.” It is a settled construction of the latter clause of the statute, that to carnally know and abuse any female child under ten years of age, whether she consents to such carnal knowledge or not, is rape. State v. Johnston, 76 N. C., 209; State v. Dancy, 83 N. C., 608.
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2Cases cited7 opinions
- State v. . JohnstonSupreme Court of North Carolina · 1877
- State v. . DancySupreme Court of North Carolina · 1880
- State v. . MooreSupreme Court of North Carolina · 1880
- State v. . PerkinsSupreme Court of North Carolina · 1880
- State v. BurtSupreme Court of Vermont · 1853
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3Cited by6 opinions
- State v. . HewettSupreme Court of North Carolina · 1912
- State v. . BarnesSupreme Court of North Carolina · 1898
- Moody v. LovellSupreme Judicial Court of Maine · 1950
- State v. . MarksSupreme Court of North Carolina · 1919
- State v. . DunnSupreme Court of North Carolina · 1891
1 more not listed; retrieve them via the Exa API.