State v. . Aldridge

86 N.C. 680

Opinion

Ashe, J.

The act under which this indictment was preferred reads: “ That any person who may attempt in a wanton and malicious manner to destroy the reputation of an innocent woman by words written or spoken, which amounts to a charge of incontinency, shall be guilty of a crime, and on conviction thereof shall be fined or imprisoned at the discretion of the court.”

The object of the legislature in passing this act was to protect the character of innocent women, that is, chaste and virtuous women, against wanton and malicious attempts to destroy their reputation by charges of incontinency. It is for the protection only of innocent women, and as was said by Mr. Justice Ruffin in the case of State v. McDaniel, 84 N. C., 805, “ the innocency of the woman, who is the subject of the attempt, lies at the very foundation of the offence, and constitutes its most essential element, its very sine qua non, and must of necessity be distinctly averred in the indictment.” There is no such averment in this bill of indictment and in that particular it is defective, and the judgment of the court below must therefore be arrested.

Let this be certified to the superior court of Craven county that the case may be proceeded with according to law.

Error. Reversed.