State v. . Lewis
Supreme Court of North Carolina
INDICTMENT tried before Daniels, J., and a jury at November Term, 1918, of Wayne. Tbe prisoner was charged with rape, committed on tbe person of' Mrs. Sarah King, on 17 January, 1918. Tbe prosecutrix testified that she was alone in tbe field picking cotton, about 5 o’clock in tbe afternoon, when tbe defendant approached her from tbe negro cemetery and asked her what she received for picking cotton, and then if tbe butcher-wagon bad passed by.
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INDICTMENT tried before Daniels, J., and a jury at November Term, 1918, of Wayne. Tbe prisoner was charged with rape, committed on tbe person of' Mrs. Sarah King, on 17 January, 1918. Tbe prosecutrix testified that she was alone in tbe field picking cotton, about 5 o’clock in tbe afternoon, when tbe defendant approached her from tbe negro cemetery and asked her what she received for picking cotton, and then if tbe butcher-wagon bad passed by. He walked along tbe cotton row behind her, and when she reached tbe end of tbe row be seized her' and threw her .down to tbe ground, and bad connection…
1Opinion of the Court
Walker, J.,
after stating tbe case: We have no doubt as to tbe power of tbe court to amend its record by inserting tbe order for tbe summoning of tbe special venire, and tbe issuing of tbe writ to tbe sheriff, and tbe entering of bis return upon tbe process nunc pro tunc. Tbe order for these amendments and tbe correction of what was overlooked by tbe officers, that is, tbe clerk and tbe sheriff, related back to tbe time when tbe order or writ should have been issued by tbe clerk, and tbe retifro made thereon by tbe sheriff. When tbe court has tbe power we do not review its exercise, as it…
2Cases cited20 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. . WhittSupreme Court of North Carolina · 1893
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Bullard v. . JohnsonSupreme Court of North Carolina · 1871
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3Cited by7 opinions
- State v. GreenSupreme Court of North Carolina · 1978
- State v. SpellerSupreme Court of North Carolina · 1949
- State v. ShulerSupreme Court of North Carolina · 1977
- State v. BroomeSupreme Court of North Carolina · 1967
- State v. . YearwoodSupreme Court of North Carolina · 1919
2 more not listed; retrieve them via the Exa API.