State v. . Benton

The sufficiency of the indictment is challenged by motion in arrest of judgment, because it fails to allege the use of “force” in the accomplishment of the assault. S. v. Johnson, ante, 266; S. c., ante, 671. It has been decided that the words “by force,” or some equivalent expression, must be used in an indictment for rape. G. S., 14-21; S. v. Johnson, 67 N. C., 55. Whether the instant bill is sufficient need not now be determined, since a new trial must be ordered on other grounds, and the solicitor can easily eliminate any objection by sending a new bill to the grand jury. It is desirable…