State v. . Johnson
Supreme Court of North Carolina
Eape tried before Cloud, J., at Spring Term, 1872, of the Superior Court of Davidson. The indictment charged that the prisoner, a colored man, on the 16th day of September, 1871, with force and arms, at and in the county aforesaid, in and upon one Susan Thompson, in the peace of Grod and the State then and there being, violently and feloniously did make an assault, and her, the said Susan Thompson, against the will of her, the said Susan Thompson, then and there feloniously…
Read the full summary
Eape tried before Cloud, J., at Spring Term, 1872, of the Superior Court of Davidson. The indictment charged that the prisoner, a colored man, on the 16th day of September, 1871, with force and arms, at and in the county aforesaid, in and upon one Susan Thompson, in the peace of Grod and the State then and there being, violently and feloniously did make an assault, and her, the said Susan Thompson, against the will of her, the said Susan Thompson, then and there feloniously did ravish aud carnally know,” &e. The evidence was that Susannah was the Christian name of the prosecutrix, though she…
1Opinion of the CourtReade, J.
In the argument here, there were several objections taken to the sufficiency of the record, which haye been, obviated by the return of a more perfect record upon certiorari. There still remains to be considered the following objections, made by the prisoner:
1. The indictment does not charge that the prisoner did forcibly and felonionsly ravish ; but only that he did “ feloniously ravish,” omitting the word forcibly.
There is no doubt that the indictment must charge the act to be done forcibly; although that particular word need not be used. Any equivalent word will answer — especially since…
2Cited by38 opinions
- State v. GreenSupreme Court of North Carolina · 1994
- State v. . TuckerSupreme Court of North Carolina · 1925
- State v. Ah ChueyNevada Supreme Court · 1879
- State v. . UtleySupreme Court of North Carolina · 1943
- Thornton v. StateWisconsin Supreme Court · 1903
33 more not listed; retrieve them via the Exa API.