{
  "id": 8552087,
  "name": "STATE OF NORTH CAROLINA v. EDDIE JOHNSON, JR.",
  "name_abbreviation": "State v. Johnson",
  "decision_date": "1970-04-01",
  "docket_number": "No. 7011SC68",
  "first_page": "574",
  "last_page": "575",
  "citations": [
    {
      "type": "official",
      "cite": "7 N.C. App. 574"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "153 S.E. 2d 330",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "269 N.C. 683",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8565701
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nc/269/0683-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "4d453335774f8744d4a7b8a34404d11643f7cc48910a60125fc518a1e87f79bf",
    "simhash": "1:382e9f663170440b",
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  "last_updated": "2023-07-14T21:45:53.911218+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Mallard, C.J., and Vaughn, J., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. EDDIE JOHNSON, JR."
    ],
    "opinions": [
      {
        "text": "MORRIS, J.\nNo assignments of error or exceptions are contained in the record or defendant\u2019s brief. Nevertheless, we will consider the appeal since that in itself is an exception to the judgment and presents the face of the record proper for review. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330 (1967).\nThe attorneys for both parties have candidly admitted that the record contains no errors. We take note, however, that the record contains a motion by the State to amend the indictment to allege that the defendant was over 18 years of age at the time the crime was committed. There is nothing in the record to indicate whether the court ruled on the motion.\nThe indictment appearing in the record, certified by the clerk as the bill of indictment returned by the grand jury, is valid and proper in form. It alleges that defendant is a male over 18 years of age, but this allegation is not necessary to support the charge against the defendant.\nIn the record before us, we find\nNo error.\nMallard, C.J., and Vaughn, J., concur.",
        "type": "majority",
        "author": "MORRIS, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by. Staff Attorney James L. Blackburn for the State.",
      "C. C. Canaday, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. EDDIE JOHNSON, JR.\nNo. 7011SC68\n(Filed 1 April 1970)\n1. Criminal Law \u00a7 161\u2014 appeal as an exception to judgment\nAlthough no assignments of error or exceptions were contained in the record or in defendant\u2019s brief, the Court of Appeals nevertheless considered the appeal, since the appeal itself was an exception to the judgment and presented the face of the record proper for review.\n2. Rape \u00a7 18\u2014 assault with intent to commit rape \u2014 indictment \u2014 age of defendant\nIt is not necessary in order to sustain a conviction of assault with intent to commit rape that the indictment allege that defendant was over 18 years of age at the time the crime was committed.\nAppeal by defendant from McKinnon, J., 20 August 1969 Criminal Session of Johnston County Superior Court.\nDefendant was tried before a jury and convicted of assault with intent to commit rape. Pie was sentenced to serve not less than 10 nor more than 15 years in the State Prison. Defendant in open court gave notice of appeal and counsel was appointed, by reason of defendant\u2019s indigency, to perfect the appeal.\nAttorney General Robert Morgan by. Staff Attorney James L. Blackburn for the State.\nC. C. Canaday, Jr., for defendant appellant."
  },
  "file_name": "0574-01",
  "first_page_order": 596,
  "last_page_order": 597
}