State v. Williams
| Decision Date | 07 December 1897 |
| Citation | 121 N.C. 628,28 S.E. 405 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. WILLIAMS. |
Assault with Intent to Rape—Intent— Abandonment of Purpose.
1. Where, on a charge of assault with intent to commit rape, it was shown that accused caught hold of prosecutrix, threw her on the ground, put his hand over her mouth, pulled up her clothes, unbuttoned his pants, and put his hands on her person, and got upon her; that she forcibly resisted; that accused got up because prosecutrix "supposed" she outdid him, — it was not error to refuse to charge that accused could be found guilty only of simple assault, and to refuse to take the case from the jury.
2. It is not error, on a prosecution for assault with intent to rape, to charge the jury "that if they are satisfied beyond a reasonable doubt that the defendant laid hands on prosecutrix violently and against her will, for the purpose of having sexual intercourse with her, and that at the time he so laid hands upon her he intended to accomplish his purpose at all hazards, in defiance of and notwithstanding any resistance that she might make, then the defendant was guilty of an assault with intent to commit rape, although he may have subsequently abandoned his purpose."
Appeal from superior court, Alleghany county; Starbuck, Judge.
Thomas Williams was convicted of assault with intent to commit rape, and he appeals.
Affirmed.
R. A. Daughton, for appellant
The Attorney General, for the State.
This is an indictment for assault with intent to commit rape. The case discloses two grounds of exception, —whether there was sufficient evidence to carry the case to the jury; and, if there was, as to the correctness of the judge's charge. The prosecutrix, Lilly Caldwell, testified that she was 16 years old; that she had started to a married sister's, about four miles from home; that she had to pass through fields, across fences, and through old fields and woods; that on her way, in the afternoon of the 10th of May, 1897, the defendant came on behind her in the path, and while going through the woods hallooed for her to wait, saying he had a picture and a letter for her; that when she got through a strip of woods, and into a field, she waited; that she was at the fence at the edge of the woods, and they went together through the old field, grown up with briers somewhat, and came to a fence at the edge of the cornfield; that she was about to cross1 the fence, and laid her bundle on the fence, and defendant took hold of the bundle; that they got over the fence, and defendant sat down, and said if she would come and kiss him he would give her clothes back to her and let her go, and she refused; that he then asked her to hug his neck, and she refused; that he then asked her to sit on his lap, and she refused; that defendant then caught her by the clothing, and jerked her down in his lap; that she asked him to let her up, and he would not; that he threw her over on the ground, and got on her, and pulled up her dress; that she hallooed and scuffled, and the defendant then put his hand over her mouth, so that she could not halloo; that defendant then unbuttoned his pants, and put his hand on her person; that sh...
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