State v. Page
| Decision Date | 16 October 1900 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. PAGE. |
RAPE — ASSAULT — CRIMINAL LAW — CONFESSION—ADMISSION—REVIEW—EVIDENCE.
1. Where, in a prosecution for assault with intent to rape, a statement by accused that he only desisted from the assault because he feared prosecutrix's husband would come, having been admitted in evidence as a voluntary confession, its admission would not be reviewed on appeal, there being no evidence showing that it was involuntary.
2. Where defendant, in a prosecution for assault with intent to rape, entered prosecutrix's room, and asked where her husband was, and, being told he was absent, expressed an intent of putting his hands on her, whereupon she ran to the back door, and defendant pursued her, caught hold of her, and put his other arm between her and the door, but she escaped, after a struggle, and he did not follow her further, and defendant stated he only stopped because he feared prosecutrix's husband would come, it could not be said, on appeal, that there was no evidence to sustain a conviction.
Appeal from superior court, Pitt county; Starbuck, Judge.
William Page was convicted of assault with intent to commit rape, and he appeals. Affirmed.
Skinner & Whedbee, for appellant.
The Attorney General, for the State.
This was an indictment for an assault with intent to commit rape. The defendant demurred to the evidence, and also requested the court to instruct the jury that the evidence failed to show any intent to commit rape, and that there was not sufficient evidence to justify finding the defendant guilty of a greater offense than a simple assault The demurrer was overruled, and the prayer was refused, and the defendant excepted.
The prosecutrix testified that the defendant, who was employed as a casual day laborer by her husband, opened the door of her room where she was lying down on a pallet with her baby, without knocking, and asked where her husband was. Being told that he was absent, the defendant expressed his in tention to put his hands on her. She said, "No, you are not, " whereupon he started into the room, when she jumped up, and ran to the back door, which was in an adjoining room, leaving her baby upon the floor. The defendant pursued her, and, as she caught hold of the knob of the back door, he caught hold of her, and also put his other arm between her and the door. After a struggle, she got loose, and, opening the door, she escaped into the back yard. He did not follow her further, it seems, and, being told by her that she would tell her husband, asked her...
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