Legal Opinion

State v. . McDade

Supreme Court of North Carolina

Decided May 1, 1935PublishedCited by 4 opinions

1Opinion of the CourtBrogden, J.

0. S., 4339, as construed in many decisions, requires the State to satisfy the jury beyond a reasonable doubt of the existence and truth of three elements, to wit: (1) The innocence and virtue of the prosecutrix; (2) the promise of marriage; and (3) intercourse induced by such promise.

Moreover, the law further provides that the “unsupported testimony of the woman shall not be sufficient to convict.” State v. Moody, 172 N. C., 967, 90 S.E., 900; State v. Crook, 189 N. C., 545, 127 S. E., 579; State v. Shatley, 201 N. C., 83.

Much conflicting evidence was introduced at the trial, but it would…

2Cases cited4 opinions

  1. State v. CrookSupreme Court of North Carolina · 1925
  2. State v. . MoodySupreme Court of North Carolina · 1916
  3. State v. MoodySupreme Court of North Carolina · 1916
  4. State v. . ShatleySupreme Court of North Carolina · 1931

3Cited by4 opinions

  1. State v. . BrackettSupreme Court of North Carolina · 1940
  2. State v. . ForbesSupreme Court of North Carolina · 1936
  3. State v. . SmithSupreme Court of North Carolina · 1943
  4. State v. . WellsSupreme Court of North Carolina · 1936

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