{
  "id": 1955243,
  "name": "THE STATE v. CALDWELL HARGRAVE",
  "name_abbreviation": "State v. Hargrave",
  "decision_date": "1871-06",
  "docket_number": "",
  "first_page": "466",
  "last_page": "467",
  "citations": [
    {
      "type": "official",
      "cite": "65 N.C. 466"
    }
  ],
  "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": {
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    "ocr_confidence": 0.453,
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    "sha256": "055afc0cd77407890da74d40601736c76cc4df0ef44cc122ae421141abc8d269",
    "simhash": "1:76538044863e84ed",
    "word_count": 366
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  "last_updated": "2023-07-14T18:41:56.423501+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE STATE v. CALDWELL HARGRAVE."
    ],
    "opinions": [
      {
        "text": "Boyden, J.\nThere is no error. His Honor left it to the jury, upon the testimony, to find whether there had been any penetration ; stating that any, the least penetration was sufficient to constitute the crime of rape, and that it was not necessary to constitute this crime, that the hymen should be ruptured. His Honor was well warranted by authority in thus charging the jury. See 9 Carrington & Payne 572 and note, Bishop\u2019s Criminal Law, Vol. 2, Sec. 1078, American Criminal Law, Vol. 2, Section 1138.\nIn the case of the State v. Grey & Jones, decided at December Term, 1860, it was held that to constitute the crime of rape there must be proof of emission, as well as penetration, to constitute this crime.\nThe act of the 29th February, 1861, changed the law and enacted that the offence of rape \u201c should be claimed and taken in law to be complete upon proof of penetration \u2018 only.\u2019 \u201d\nThere being no error, this will be certified, that the Court may proceed to judgment agreeable to law.\nPee Cueiam. Judgment affirmed.",
        "type": "majority",
        "author": "Boyden, J."
      }
    ],
    "attorneys": [
      "Attorney General for the State.",
      "Gui\u00f3n for the prisoner."
    ],
    "corrections": "",
    "head_matter": "THE STATE v. CALDWELL HARGRAVE.\nUnder the act of February 22nd, 1861, acts of 1860-\u201961, chap.-, the least penetration of the person of a female against her will, constitutes the crime of rape.\nThis was an indictment for rape, tried before Logan, J., at Spring Term, 1871, of Gaston Superior Court.\nThe prosecutrix testified that she had been thrown down by the prisoner, and that he then had his will with her and effected a penetration of her person, and in consequence thereof she was rendered very sore in her body, that she was aged sixteen years, and that no blood was found upon her person or clothing.\nThe defendant\u2019s counsel intimated that the evidence was not sufficient to constitute the crime of rape, that there was no such penetration as required by law, since the hymen wras not broken.\nHis Honor charged the jury that any, the slightest penetration was sufficient to constitute the crime, and that it was unnecessary that the hymen should be broken. To which the prisoner excepted. Yerdict of guilty. Judgment and appeal.\nAttorney General for the State.\nGui\u00f3n for the prisoner."
  },
  "file_name": "0466-01",
  "first_page_order": 476,
  "last_page_order": 477
}