State v. Mitchell
| Decision Date | 31 October 1883 |
| Citation | 89 N.C. 521 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. WILEY MITCHELL. |
INDICTMENT for an assault with intent to commit rape, tried at Spring Term, 1883, of EDGECOMBE Superior Court, before Gilmer, J.
The prosecutrix testified that during Fair Week, in the town of Tarboro, in the fall of 1882, she started after night (the night being very dark) to see a female acquaintance in the town, and was accompanied by her little nephew; that when she reached a certain street-crossing, she was alone, the nephew having stopped on Main street; she there observed a man standing behind a tree near the corner; passing down the cross-street, she soon thereafter saw some one following her, in consequence of which she made an attempt to enter the gate of a person living near by, but finding the gate locked, she crossed the street and sought refuge in the house of one Mrs. Winborne, whom she knew, and as she was ascending the steps of the house some one seized her around the neck with both hands and threw her down; that she screamed loudly, and the assailant released her, having first tried to put his hand over her mouth, but without succeeding in preventing her from screaming; that the door of Winborne's house was also locked, but as soon as she made herself known she was admitted; that by the aid of the light from the door (after it was opened) and the window of the house, she recognized the defendant, who was standing near, and that no one else was seen by her on the street at the time.
The state also introduced Winborne, who testified that, upon hearing some one screaming on the street and knocking at her door, she opened it, and the prosecutrix came in greatly frightened; and she further testified (the defendant objecting) as to what the prosecutrix told her about having been followed and caught by a man, in the manner testified to by the prosecutrix. This conversation was admitted as corroborative evidence, and the defendant excepted. There was no other testimony introduced.
The defendant requested the court to charge the jury:
1. That there was no evidence fit to be left to the jury as to the intent charged in the indictment, and that the matter of intent being so much in the dark, the jury cannot reasonably convict the defendant.
2. That there is no sufficient evidence to sustain the charge of an assault on the prosecutrix with a felonious intent to have carnal knowledge of her person by force and against her will.
3. That...
To continue reading
Request your trial
-
Burnett v. Wilmington
...to testify to the consistent statements previously made by him. State v. George, supra; March v. Harrell, 46 N. C. 329; State v. Mitchell, 89 N. C. 521; State v. Whitfield, 92 N. C. 831; McRae v. Malloy, 93 N. C. 154; State v. Rowe, 98 N. C. 629, 4 S. E. 506; State v. Rhyne, 109 N. C. 794, ......
-
State v. Moore
... ... is relying, it was pointed out, however, that the evidence ... was sufficient to support a verdict of guilty of an assault ... and a new trial was ordered ... The ... State, on the other hand, is relying on State v ... Mitchell, 89 N.C. 521; State v. Williams, 121 ... N.C. 628, 28 S.E. 405; State v. Garner, 129 N.C ... 536, 40 S.E. 6; State v. Leak, 156 N.C. 643, 72 S.E ... 567, and similar cases ... The ... above cases are distinguishable from the one before us and ... the cases hereinbefore ... ...
-
Bannen v. State
...and outcries, he finally desisted from an attempt to commit the crime of rape, then they were justified in finding as they did. State v. Mitchell, 89 N. C. 521. Such seems to have been the conviction of the jury. 2. Several exceptions are taken to the charge of the court. Some of them relat......
-
State v. Neal
...State v. Shroyer, 104 Mo. 441; State v. Scholl, 120 Mo. 396; Cunningham v. Commonwealth, 88 Va. 37; State v. Neely, 74 N.C. 425; State v. Mitchell, 89 N.C. 521; v. Daly, 16 Or. 240; State v. Elick, 7 Jones (N. C.) 68. (3) The contention of defendant that he should have been permitted to pro......