State v. . Powell

Citations

• 11 S.E. 191
• 106 N.C. 635

Syllabus

<p>Indictment — Rape, Assault With Infant to Commit — Evidence— Judge’s Charge — Comments of Counsel.</p> <p>1. An indictment for an assault with intent to commit rape, which charged that the defendant “feloniously did make an assault, and her, the said S., did then and there beat, wound and ill-treat, with intent her, the said S., then and there feloniously and unlawfully carnally to know and abuse,” is fatally defective, because it omits the essential allegation that the assault was made with intent to know carnally the prosecutrix forcibly and against her will.</p> <p>2. Where testimony is introduced for the purpose of corroborating a witness, it is competent for that purpose only, and it is the duty of the Court to instruct the jury that they should not consider it in any other view; but where the case on appeal discloses no failure on the part of the Court to perform this duty, it will be presumed that the proper instructions were given.</p> <p>3. Objectionable comments of counsel to the jury will not be considered on appeal, unless they were excepted to at the time, or the Court was requested to instruct the jury in respect to them.</p>