37 S.E. 66 | N.C. | 1900
FAIRCLOTH, C. J., dissents. This was an indictment for an assault with intent to commit rape. The defendant demurred to the evidence, and also requested the Court to instruct the jury that the evidence failed to show any intent to commit rape, and that there was not sufficient evidence to justify finding the defendant guilty of a greater offense than a simple assault. The demurrer was overruled, and the prayer was refused, and the defendant excepted.
The prosecutrix testified that the defendant, who was employed as a casual day laborer by her husband, opened the door of her room where she was lying down on a pallet with her baby, without knocking, and asked where her husband was. Being told that he was absent, the defendant expressed his intention to put his hands on her. She said, "No, you (513) are not," whereupon he started into the room, when she jumped up, and ran to the back door, which was in an adjoining room, leaving her baby upon the floor. The defendant pursued her, and, as she caught hold of the knob of the back door, he caught hold of her and also put his other arm between her and the door. After a struggle, she got loose, and, opening the door, she escaped into the back yard. He did not follow her further, it seems, and, being told by her that she would tell her husband, asked her not to do so, and said he had only felt of her breast. His confession that the above *351
statement was true was also in evidence, in which he further stated that he was "afraid that her husband would come in, and he stopped." The admission of the confession as evidence was excepted to on the ground that it was made under duress, but the Judge found as a fact that the confession was voluntary, and his admission of the evidence is not reviewable, as there was evidence to that effect (and, indeed, none to the contrary).S. v. Crowson,
No error.
Cited: S. v. Smith,