{
  "id": 8625738,
  "name": "STATE v. BILLIE SIMMONS",
  "name_abbreviation": "State v. Simmons",
  "decision_date": "1947-11-26",
  "docket_number": "",
  "first_page": "258",
  "last_page": "258",
  "citations": [
    {
      "type": "official",
      "cite": "228 N.C. 258"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 139,
    "char_count": 1488,
    "ocr_confidence": 0.485,
    "sha256": "6df316e8de8f159e288b7f5bc0799869ee21aafaabf5d1e69c09378ea10e20f5",
    "simhash": "1:47c9d034229fa6b0",
    "word_count": 249
  },
  "last_updated": "2023-07-14T21:52:37.324265+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. BILLIE SIMMONS."
    ],
    "opinions": [
      {
        "text": "WiNBORNE, J.\nDefendant assigns as error the following portion of the .court\u2019s charge to the jury: \u201cThe 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.\u201d\nThe error pointed out is the absence of these essential elements of the crime charged \u201cravishing ... by force and against her will.\u201d G. S., 14-21.\n\u25a0 The State concedes error in the instruction to which the exception is tallen.\nHence there must be a\nNew trial.",
        "type": "majority",
        "author": "WiNBORNE, J."
      }
    ],
    "attorneys": [
      ". Attorney-General McMullan and Assistant Attorneys General Bruton, Rhodes, and Moody for the State.",
      "A. McL. Graham and P. D. Herring for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. BILLIE SIMMONS.\n(Filed 26 November, 1947.)\nRape \u00a7 5\u2014\nAn instruction which fails to charge that the carnal knowledge of prose-cutrix must have been accomplished by force and against her will to constitute the crime of rape must be held for reversible error. G. S., 14-21.\n\" Appeal bji defendant from Edmundson, Special Judge, at August Term, 1947, of SaMpsoN.\nCriminal prosecution upon indictment charging defendant with the c-rime of rape of a certain named female person.\nVerdict: Guilty of rape as charged in the bill of indictment.\nJudgment: Death by the administration of lethal gas as provided by law.\nDefendant appeals to Supreme Court and assigns error.\n. Attorney-General McMullan and Assistant Attorneys General Bruton, Rhodes, and Moody for the State.\nA. McL. Graham and P. D. Herring for defendant, appellant."
  },
  "file_name": "0258-01",
  "first_page_order": 304,
  "last_page_order": 304
}