State v. Hill

• Decision Date: 04 May 1921
• Docket Number: 433.
• Citation: 107 S.E. 140,181 N.C. 558
• Parties: STATE v. HILL.
• Court: North Carolina Supreme Court

107 S.E. 140

181 N.C. 558

STATE v. HILL.

No. 433.

Supreme Court of North Carolina

May 4, 1921

Appeal from Superior Court, Mecklenburg County; Lane, Judge.

John Hill was convicted of assault with intent to ravish, and he appeals. New trial.

Evidence held insufficient to show intent to force the defendant was indicted for an assault upon Ruth Martin with intent to ravish her.

The evidence against the defendant will sufficiently appear from that given by the prosecutrix herself, which is as follows:

"On the 12th day of April, 1920, I was living with my father R. T. Martin, on North Caldwell street. I am past 18 years of age. I sleep on the second floor of my father's residence. The defendant, John Hill, was boarding and lodging at my father's house; had been with us about a week before the alleged assault. Hill roomed on the second floor with a man by the name of Smith. Their room was diagonally across from where I sleep with my little brother, about 10 years of age. Smith had been at my father's house about a week. Mr. Hill ate at our table. I had talked with him several times and knew him when I saw him and knew his voice. Up to the time of the alleged assault Hill had conducted himself in word, manner, and deed as a gentleman. On the night of April 12, 1920, I retired with my little brother about 8:30 o'clock. I left my door partly ajar, as I usually did, to call my father in case of sickness of my brother. About 11 o'clock I was aroused by some one placing their hands on my forehead, also on my hand. I first thought it was my father. I said, 'Papa.' I then realized that it was not my father. The room was dark. I was frightened by the man putting his hand on my forehead and on my hand. I screamed out, 'Who is that?' He said, 'It's John; John Hill.' I said, 'John Hill, what are you doing in here? get out of here.' I recognized him by his voice. (That was the only way I could recognize him.) There was no light in the room. I said, 'Get out of here.' John went out like a 'jiffy.' He immediately left the room. From the time I said, 'What are you doing here?' until he left the room, didn't take two minutes. All he did to me was simply to put his hand on my hand and on my forehead. When I said, 'Get out,' he immediately got out. I was greatly excited. I told my father what had happened. That was all that occurred. John Hill had a peculiar voice and accent that was easily distinguished. I know John Hill was the man who was in my room."

By prayers for instructions the defendant requested the court to charge the jury, in substance, that there was no evidence of the charge for them to consider, and they should acquit the defendant. The court refused to do so, and the defendant excepted. He was convicted and appealed from the judgment.

T. L Kirkpatrick and Clarkson, Taliaferro & Clarkson, all of Charlotte, for appellant.

James S. Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

WALKER J. (after stating the facts as above).

It has been the settled rule of this state ever since the case of State v. Massey, 86 N.C. 658, 41 Am. Rep. 478, was decided that, in order to convict a defendant on the charge of an assault with intent to commit rape, the evidence should show not only an assault, but that the defendant intended to gratify his passion on the person of the woman, and that he intended to do so at all events, notwithstanding any resistance on her part. It was held in the Massey Case that the evidence there offered by the state was wholly insufficient for a conviction, and the facts were very much stronger than those we find in this record, giving the state the benefit of considering them in the most favorable light for it. The Massey Case has been approved several times. State v. Smith, 136 N.C. 684, 49 S.E. 336; State v. Jeffreys, 117 N.C. 743, 23 S.E. 175. It has been said that it is neither charity, nor common sense, nor law, to infer the worst intent which the facts will admit...