State v. . Dick

Supreme Court of North Carolina

State v. . Dick

6 N.C. 388

DecidedJuly 5, 1818

StatusPublished

This text of 6 N.C. 388 (State v. . Dick) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Dick, 6 N.C. 388 (N.C. 1818).

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Opinion

SeaweIíI Judge,

delivered the opinion of the Court.

At common law, Rape was a felony, but the offence was afterwards changed to a misdemeanor, before the statute of Westminster the 1st. By that statute, the punishment which then was castration and loss of eyes, was mitigated: but by the statute of Westminster the 2d, the offence was again changed to a felony, and hence, its present existence as a felony, is in virtue of that statute ; the indictment must therefore conclude contra formam slatuii. Lord Coke, Lord Hale, and Hawkins, all concur in the necessity of such a conclusion : and in second *389 Institute 180, a clear history of the offence is to beftnrd. It is true Mr. East, in his Crown Law, is of a contrary opinion, but we cannot feel ourselves justified, in so important a case, to depart from what has been by the great men above mentioned, considered in settled law, in complaisance to the opinion of any writer however respectable : more especially, as all the precedents have such a conclusion. The judgment must therefore stand arrested.

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SeaweIíI Judge,

delivered the opinion of the Court.

At common law, Rape was a felony, but the offence was afterwards changed to a misdemeanor, before the statute of Westminster the 1st. By that statute, the punishment which then was castration and loss of eyes, was mitigated: but by the statute of Westminster the 2d, the offence was again changed to a felony, and hence, its present existence as a felony, is in virtue of that statute ; the indictment must therefore conclude contra formam slatuii. Lord Coke, Lord Hale, and Hawkins, all concur in the necessity of such a conclusion : and in second *389 Institute 180, a clear history of the offence is to beftnrd. It is true Mr. East, in his Crown Law, is of a contrary opinion, but we cannot feel ourselves justified, in so important a case, to depart from what has been by the great men above mentioned, considered in settled law, in complaisance to the opinion of any writer however respectable : more especially, as all the precedents have such a conclusion. The judgment must therefore stand arrested.

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Bluebook (online)

6 N.C. 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dick-nc-1818.