[DOWNLOAD] "State V. Speller" by Supreme Court of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: State V. Speller
- Author : Supreme Court of North Carolina
- Release Date : January 04, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The evidence of the State was sufficient to warrant a finding that the prisoner had unlawful carnal knowledge of the prosecutrix by force and against her will. Consequently, the motions for a compulsory nonsuit under G.S. 15-173 were properly denied. S. v. Hooks, 228 N.C. 689, 47 S.E.2d 234; S. v. Hunt, 223 N.C. 173, 25 S.E.2d 598; 222 N.C. 543, 23 S.E.2d 832; State v. Harris, 222 N.C. 157, 22 S.E.2d 229; S. v. Johnson, 219 N.C. 757, 14 S.E.2d 792; S. v. Lewis, 177 N.C. 555, 98 S.E. 309; S. v. Lance, 166 N.C. 411, 81 S.E. 1092. The articles of clothing produced at the trial by the prosecution were rightly received in evidence. They were identified as garments worn by the accused and the prosecutrix at the time named in the indictment, and bore tears and stains corroborative of the State's theory of the case. S. v. Page 351} Wall, 205 N.C. 659, 172 S.E. 216; S. v. Fleming, 202 N.C. 512, 163 S.E. 453; S. v. Westmoreland, 181 N.C. 590, 107 S.E. 438; S. v. Vann, 162 N.C. 534, 77 S.E. 295. Since the evidence indicated that they were voluntary in character, the court did not err in admitting the incriminatory statements made by the prisoner to the officers of the law soon after the alleged crime. S. v. Thompson, 224 N.C. 661, 32 S.E.2d 24; S. v. Wagstaff, 219 N.C. 15, 12 S.E.2d 657; S. v. Smith, 213 N.C. 299, 195 S.E. 819; S. v. Tate, 210 N.C. 613, 188 S.E. 91; S. v. Edwards, 126 N.C. 1051, 35 S.E. 540. The charge of the judge to the petit jury was noteworthy for accuracy and clarity, and the exception of the accused to it is without merit.