State v. Monds
| Decision Date | 27 May 1902 |
| Citation | 130 N.C. 697,41 S.E. 789 |
| Parties | STATE v. MONDS. |
| Court | North Carolina Supreme Court |
RAPE—ABUSING FEMALE UNDER AGE OF CONSENT—ELEMENTS OF OFFENSE—PENETRATION—EMISSION.
1. Code, § 1101, inflicts the death penalty for carnally knowing a female under 10 years; and the amendment to section 1101 by Act 1895, c. 295, makes it a crime to carnally know one under 14. Section 1105 enacts that, on a prosecution for rape or carnally knowing a female under 10, proof of penetration is sufficient, without proof of emission. Held that, on a prosecution for carnally knowing a female under 14, it was error to charge that defendant would not be guilty unless there was emission.
2. Code, § 1101, made carnally "knowing and abusing" a female under 10 years a crime; and the statute as amended in 1895 reads, "carnally knowing, abusing." Held that, on a prosecution under the statute, it was error to charge that, though there had been no penetration, accused was guilty, if he injured and abused the infant's genital organs; the language of the amendment not being intended to create a separate offense, but "knowing" and "abusing" having the same meaning; the gravamen of the offense being penetration.
Appeal from superior court, Chowan county; Jones, Judge.
James Monds was convicted of assault with intent to rape, and he appeals. Reversed.
Defendant requested the court to charge, among others: "(4) That if the jury find from the evidence that the prosecutrix consented to the sexual intercourse, then it would not be unlawful, under chapter 295 of the Laws of 1895, and the defendant must be acquitted." "(6) That the whole evidence submitted by the state is not sufficient to justify a verdict of guilty, and upon the whole evidence the jury should return a verdict of not guilty. (7) That in no aspect of the testimony, and under no reasonable inference that can fairly be drawn from it is the defendant guilty, under Acts 1895, c.
295, of the offense charged in the second count of the bill of indictment, and the jury must return a verdict of not guilty. (8) That defendant, under the charge in the second count, found under chapter 295, Laws 1895, on the evidence produced, cannot be convicted of a simple assault. (9) That an attempt to carnally know or abuse a girl between the age of 10 and 14 years is not an assault, if the girl consented to all that was done." These instructions were all refused, and the defendant excepted. The court charged, among other things, that if defendant attempted to have carnal knowledge of the prosecutrix with her consent, and before he accomplished his purpose he was intercepted, and proceeded no further, then the defendant would not be guilty unless lie injured and abused the genital organs of the prosecutrix; that the jury must find these facts from the evidence introduced, beyond a reasonable doubt, before they can convict. Defendant excepted to the charge as given, and for failure to charge as requested. The court further charged that, "unless the jury find from the evidence that defendant had actual sexual intercourse with prosecutrix (that is, that he penetrated, and had emission of seed in, her person), he would not be guilty of carnally knowing her, and that there was no evidence that he had penetrated, " etc., "but if the jury find that defendant injured and abused her genital organs, beyond a reasonable doubt, then defendant would be guilty." Defendant excepted. The solicitor for the state told the jury that, the girl having consented to what was done, he would not ask, for that reason, for a verdict of guilty on the first count, for an assault with intent to commit rape, but on the second count, drawn under chapter 295, Acts 1895, for carnally knowing and abusing a female over 10 and under 14 years of age. There was a verdict of guilty, and defendant appealed from judgment pronounced.
W. J. Leary, Sr., for appellant
The Attorney General, for the State.
COOK, J. Defendant was tried and convicted upon a bill of indictment drawn under section 1101 of the Code, as amended by Acts 1895, c. 295, which, as amended, is as follows: ...
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GP, Matter of
...that the vagina be entered or that the hymen be ruptured; the entering of the vulva or labia is sufficient. G.S. § 14-23; State v. Monds, 130 N.C. 697, 41 S.E. 789; State v. Hargrave, 65 N.C. 466; State v. Storkey, 63 N.C. 7; Burdick: Law of Crime, section 477; 44 Am.Jur., Rape, section 3; ......
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Romulus v. Romulus
...the vagina be entered or that the hymen be ruptured; the entering of the vulva or labia is sufficient. G.S. 14–23; State v. Monds, 130 N.C. 697, 41 S.E. 789 [ (1902) ]; State v. Hargrave, 65 N.C. 466 [ (1871) ]; State v. Storkey, 63 N.C. 7 [ (1868) ]; Burdick: Law of Crime, section 477; 44 ......
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Gasque v. State, 658
...is set forth above. This assignment of error is overruled upon authority of State v. Gibson, 221 N.C. 252, 20 S.E.2d 51; State v. Monds, 130 N.C. 697, 41 S.E. 789. This is a brief summary of the State's On 14 August, 1964, Anna Jean Gasque was eleven years old. She became twelve years old o......
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State v. Primus
...is rape; and 'carnally knowing and abusing any female child under the age of twelve years' is also rape. G.S. s 14-21; State v. Monds, 130 N.C. 697, 41 S.E. 789. In the instant case, as against Primus, it incumbent upon the State to show that his connection with the prosecutrix was accompli......