State v. Gilchrist
| Decision Date | 04 January 1899 |
| Citation | 54 S.C. 159,31 S.E. 866 |
| Parties | STATE . v. GILCHRIST. |
| Court | South Carolina Supreme Court |
Criminal Law—Indictment — Motion to Quash —Election—Waiver—Instruction.
Where accused did not move to require the state to elect under which of two sections of the Code it would proceed, some of the allegations of the indictment applying to one, and some to the other, and did not object to the indictment for this defect by demurrer or motion to quash before jury sworn, as required by Cr. Code, § 56, he cannot complain after conviction of the court's charge, which was good as to one section, since the charge would be considered with reference to that section which would support a conviction.
Appeal from general sessions circuit court of Edgefield county; D. A. Townsend, Judge.
Moody Gilchrist was convicted of assault with intent to ravish, and he appeals. Affirmed.
Sheppard Bros., for appellant.
J. Wm. Thurmond and U. X. Gunter, Asst. Atty. Gen., for the State.
The appellant was convicted of an assault on Mary Pearline Quarles, "a woman child under the age of fourteen years, • * * with intent her, the said Mary Pear-line Quarles, violently and against her will, then and there, feloniously to ravish, carnally know, and other wrongs to the said Mary Pearline Quarles then and there did." The presiding judge charged the jury that "it makes no difference whether she consented or not if you find she was under fourteen years of age"; and this is made the basis for the sole ground of appeal In this case. Section 114 of the Criminal Code is as follows: "Whosoever shall ravish a woman, married, maid or other, where she did not consent either before or after, and likewise where a man ravished a woman with force, although she consent after, he shall be deemed guilty of rape, and shall, upon conviction, suffer death by hanging in the same form and manner as is now provided by law for willful murder. * * *" Section 33, art 3, of the constitution provides as follows: "No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years." Section 115 of the Criminal Code, Acts 1896, p. 223, reads as follows: "If any person shall un-lawfully and carnally know and abuse any woman child under the age of fourteen years, every such unlawful and carnal knowledge shall be felony; and the offender thereof, being duly convicted, shall suffer as for a rape: provided, however, that in any such case, where the woman or...
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State v. Rodman
...of the indictment, and the objection should have been taken by demurrer or on motion to quash before the jury was sworn. State v. Gilchrist, 54 S.C. 159, 31 S.E. 866; State v. Philips, 73 S.C. 236, 53 S.E. State v. Weaver, 74 S.C. 417, 54 S.E. 615; State v. Hamilton, 77 S.C. 383, 57 S.E. 10......
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State v. Rodman
...the indictment, and the objection should have been taken by demurrer or on motion to quash before the jury was sworn. State v. Gilchrist, 54 S. C. 159, 31 S. E. 866; State v. Philips, 73 S. C. 236, 53 S. E, 370; State v. Weaver, 74 S. C. 417.[68 S.E. 345] 54 S. E. 615; State v. Hamilton, 77......
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State v. Ward
... ... intercourse who shall not have attained the age of fourteen ... But ... this language, as was held in State v. Sellers, supra, can ... have no reference to the age at which a woman can consent to ... matrimony. The Court in State v. Gilchrist, 54 S.C. 159, 31 ... S.E. 866, 867, held that "when the foregoing provisions ... of the constitution and the two sections of the Criminal Code ... are construed together, it is apparent that section 114 (now ... Section 1109) has reference to rape at common law, and that ... section 115 (now ... ...
- State v. Ward, 15617.