State v. Jackson, 723.
Decision Date | 27 January 1937 |
Docket Number | No. 723.,723. |
Citation | 211 N.C. 202,189 S.E. 510 |
Parties | STATE. v. JACKSON. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Forsyth County; F. M. Armstrong, Judge.
William Jackson was convicted of rape, and he appeals.
Affirmed.
Criminal prosecution tried upon indictment charging the defendant with rape in violation of C.S. § 4204.
Verdict: Guilty.
Judgment: Death by asphyxiation.
Defendant appeals, assigning errors.
A. A. F. Seawell, Atty. Gen, and Harry McMullan, Asst. Atty. Gen, for the State.
'Williams & Bright, of Winston-Salem, for defendant.
The prosecuting witness is a Negro girl nine years of age; the defendant a Negro preacher. The testimony of the prosecutrix in support of the offense charged is positive and direct; that of the defendant in denial equally positive and direct. The trial of the cause resolved itself into a controverted issue of fact, determinable alone by the jury. It is a sordid story, and no useful purpose would be served by soiling the pages of our reports with a detailed recitation of the facts.
The competency of the prosecutrix to testify as a witness in the case was a matter resting in the sound discretion of the trial court. State v. Satterfield, 207 N.C. 118, 176 S.E. 466; State v. Merrick, 172 N.C. 870, 90 S.E. 257. Reade, J., in State v. Edwards, 79 N.C. 648.
The testimony of Dr. H. M. Hankins, a medical expert, offered by the State, taken in connection with the child's apparent immaturity of judgment, or slight appreciation of the effect of her testimony, makes the case quite an unusual one. It will doubtless be reviewed by the commuting authority. Our jurisdiction is limited to reviewing, on appeal, decisions upon matters of law or legal inference. Const art. 4, § 8; State v. Whiteside, 204 N.C. 710, 169 S.E. 711; State v. Anderson, 208 N.C. 771, 182 S.E. 643.
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