State v. Lewis
| Decision Date | 03 January 1944 |
| Docket Number | No. 656.,656. |
| Citation | 32 S.E.2d 334,224 N.C. 774 |
| Parties | STATE. v. LEWIS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Robeson County; J. J. Burney, Judge.
Clinton Lewis was convicted of assaulting a female, and he appeals.
No error.
Criminal prosecution upon a warrant, issued out of Recorder's Court of Lumber-ton District in Robeson County, North Carolina, charging that defendant, "a male person over the age of 18 years, " did unlawfully and wilfully assault one Ila Mae Holmes, "a female person, " "by cursing, abusing and threatening and by twisting her arm and throwing her down causing painful bodily injuries, " contrary to the form of the statute, etc., heard de novo in Superior Court of Robeson County upon appeal thereto by defendant from judgment of said Recorder's Court.
Verdict: "Guilty as charged in the warrant."
Judgment: Imprisonment in the common jail of Robeson County for a period of twelve months, to be assigned to work the roads under the supervision of the State Highway and Public Works Commission.
Defendant appeals to Supreme Court and assigns error.
Harry McMullan, Atty. Gen., and Hughes J. Rhodes and Ralph Moody, Asst. Attys. Gen., for the State.
Caswell P. Britt and T. A. McNeill, both of Lumberton, and Robert H. Dye, of Fayetteville, for defendant appellant.
Appellant first contends on this appeal that while the warrant charges that he, the defendant, is over the age of eighteen years, there is no proof of this fact, and that, hence, there is error (1) in the refusal to grant his motions for judgment of nonsuit, G.S. § 15-173, and (2) in instructing the jury: (a) That "under the evi-deuce and the law applicable to the evidence in this case" * * * you may find the defendant guilty of an assault upon a female, he being a male person over 18 years of age * * *, " (b) that "upon that evidence the State says and contends" that the jury "ought to be satisfied beyond a reasonable doubt that the defendant is guilty of an assault upon a female, he being a male person over 18 years of age, " and (c).that if the jury "find from the evidence beyond a reasonable doubt that on the 22nd day of December, 1943, the defendant, Clinton Lewis, committed an assault on the prosecuting witness, Ila Mae Holmes, as I have heretofore defined that offense to you, then it will be your duty to render a verdict of guilty against the defendant for an assault on a female, if you are satisfied beyond a reasonable doubt that defendant is over the age of 18 years." In these assignments we find no error of which defendant may properly complain.
The decisions of this Court construing G.S. § 14-33, formerly C.S. § 4215, Revisal § 3620, as amended, which relates to punishment for assaults, hold that "Where a male defendant is...
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State v. Courtney
...and the fact, if it be a fact, that he is not over 18 years of age, relevant solely to punishment, is a matter of defense. State v. Lewis, 224 N.C. 774, 32 S.E.2d 334, and cases cited. In State v. Morgan, 225 N.C. 549, 35 S.E.2d 621, and in State v. Herring, 226 N.C. 213, 37 S.E.2d 319, it ......
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State v. Higgins, 90
...18 years of age at the time of the alleged assault is evidence for consideration by the jury. State v. Lefler, supra; State v. Lewis, supra [224 N.C. 774, 32 S.E.2d 334]; State v. Grimes, The jury's verdict has not found defendant guilty of an assault on a female, he being a male person ove......
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State v. Grimes
...defendant was not before the jury, and the verdict is silent on the subject of the amendment. Just the reverse was true in State v. Lewis, 224 N.C. 774, 32 S.E.2d 334. It the contention of the defendant that the punishment in such a case is restricted to a fine of not more than $50 or impri......
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State v. Beam, 78
...is under eighteen years of age, such fact is relevant only on the question of punishment and is a matter of defense, State v. Lewis, 224 N.C. 774, 32 S.E.2d 334, and the burden of establishing this defense is on the defendant. State v. Morgan, 225 N.C. 549, 35 S.E.2d 621; State v. Herring, ......