State v. . Simmons

Supreme Court of North Carolina

State v. . Simmons

45 S.E.2d 121, 228 N.C. 258, 1947 N.C. LEXIS 593

DecidedNovember 26, 1947

StatusPublished

This text of 45 S.E.2d 121 (State v. . Simmons) 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. . Simmons, 45 S.E.2d 121, 228 N.C. 258, 1947 N.C. LEXIS 593 (N.C. 1947).

Pincite

Opinion

WiNBORNE, J.

Defendant assigns as error the following portion of the .court’s charge to the jury: “The court charges you if you find from the evidence in this case and beyond a reasonable doubt that the prisoner had carnal knowledge of the prosecuting witness as that term has been defined by the court to you then you will return a verdict of guilty of rape as charged in the bill of indictment.”

The error pointed out is the absence of these essential elements of the crime charged “ravishing ... by force and against her will.” G. S., 14-21.

■ The State concedes error in the instruction to which the exception is tallen.

Hence there must be a

New trial.

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