State v. . Barnes
Supreme Court of North Carolina
Indictment for assault with intent to commit rape tried before Timberhike, J, and a jury, at Fall Term, 1897, of Nash Superior Court.
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Indictment for assault with intent to commit rape tried before Timberhike, J, and a jury, at Fall Term, 1897, of Nash Superior Court. The defendant was indicted, in the following bill, for an assault to commit rape: “The jurors for the State, upon their oath, present that J. B. Barnes, late of the County of Nash, on the fith day of October, in the year of our Lord one thousand eight hundred and ninety-seven, with force and arms, at and in the County aforesaid in and upon one Cora Yarboro, then and there being, unlawfully and feloniously did make an assault and her, the said Cora Yarboro, then…
1Opinion of the Court
Clark, J.,
(after stating the facts as above):
There is no exception to the evidence and none to the charge. After verdict the defendant moved in arrest of judgment on the ground that the words “with intent” were left out of the indictment. He cannot say that he has been in the slightest degree misled or prejudiced in his defence thereby. If he had thought the indictment ambiguous as to the offence with which he was charged, he should have moved to quash for the informality and the solicitor would doubtless have accommodated him by sending a new bill. But he understood the chax-ge perfectly by…
2Cases cited8 opinions
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. . MosesSupreme Court of North Carolina · 1830
- State v. . PowellSupreme Court of North Carolina · 1890
- State v. . ParkerSupreme Court of North Carolina · 1879
- State v. . SmithSupreme Court of North Carolina · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. TaylorSupreme Court of North Carolina · 1972
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. RussellSupreme Court of North Carolina · 1972
- State v. . CarpenterSupreme Court of North Carolina · 1917
- State v. . LeeSupreme Court of North Carolina · 1926
13 more not listed; retrieve them via the Exa API.