{
  "id": 8695420,
  "name": "STATE v. MILLARD F. DANCY",
  "name_abbreviation": "State v. Dancy",
  "decision_date": "1878-01",
  "docket_number": "",
  "first_page": "437",
  "last_page": "438",
  "citations": [
    {
      "type": "official",
      "cite": "78 N.C. 437"
    }
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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  "last_updated": "2023-07-14T19:04:18.240606+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. MILLARD F. DANCY."
    ],
    "opinions": [
      {
        "text": "Bynum, J.\nThe prisoner, a boy of fifteen or sixteen years \u2022of age, was convicted of an assault with an intent to commit a rape, upon a female child of the age of six years-The exception of the prisoner is to the Judge\u2019s charge to-the jury.\nThe prisoner\u2019s counsel in his argument to the jury attempted to show from the evidence, that the prisoner did not have the intent to commit the offence charged* The-case then states that \u2018T-Iis Honor, in commenting upon' the-testimony and referring to the theory of the State, remarked with emphasis, \u2018.Why was she on her back then? and!, why was he on her? The counsel for the State asked,why was it if you believe the testimony. \u2019 His Honor at no time referred to the theory or argument presented by the-counsel of the prisoner. \u201d So much of the charge is transcribed as presents the exception, but no other part of it explains or qualifies the language above set forth. The exception is that this language was an expression of the opinion of the Court, as to the guilt of the prisoner and was a violation of the Act. Rev. Code ch. 31 \u00a7 130\u2018. The parties-had taken issue upon these very facts, as indicating or not. indicating the intent charged, and upon which the Judge,., by his language and emphasis, as we think, very clearly intimated an opinion adverse to the prisoner. It was' at-this material point in the dispute, especially, that the' statute restrained, and was intended to restrain the Judge fromt any expression of opinion to the jury upon the facts im evidence. State v. Angel, 7 Ire. 27; State v. Dixon, 75 N. C. 275; Crutchfield v. R. & D. R. R. Co., 76 N. C. 320.\nAs the evidence appears in the record, it may well admit of doubt, if there was that felonious and wicked intent on the part of this boy, which constitutes the crime charged-It was certainly an offence which called for the severe discipline of the domestic forum, and to a certain extent, thsfc-seems to have been inflicted.\nThere is error.\nPer Curiam. Venire de nw\u00bb.-",
        "type": "majority",
        "author": "Bynum, J."
      }
    ],
    "attorneys": [
      "Attorney General for the State.",
      "No counsel for the prisoner."
    ],
    "corrections": "",
    "head_matter": "STATE v. MILLARD F. DANCY.\nInclidment \u2014 Assault with intent to Commit Rape \u2014 Judge\u2019s Charge.\nOn the trial of an indictment for an assault with intent to commit rape, where there was evidence that the defendant (a boy of fifteen) had been found on the prosecutor\u2019s child (a girl of about six), she being- on her back with her clothes up, &c.; Held, to be error for the Court in its charg-e to the jury, to remark with emphasis, \u201cWhy was she on her back ?- And why was be on her?\u201d as violative of the Act, Rev. Code, ch. 31, \u00a7 130.\n(State v. Angel, 7 Ire. 27 ; State v. Dixon, 75 N. C, 275 ; Crutchfield v. H. & D. H. li. Co., 76 N. C. 320, cited and approved.)\n\u25a0 INDICTMENT for an Assault with intent to commit Rape, tried at Rail Term, 1877, of \"Wilkes Superior Court, before Cloud,'J.\nIt was in evidence that the defendant was in the employment of the father of the female child und\u00e9r ten years of age, upon whom the offence was alleged to have been committed, and on a certain occasion, the father hearing a noise therein went to his barn and found the defendant on the child, she being on her back with her clothes up, and discovered other evidences of improper intorcouse. Both the defendant and the child were chastised by the father. The defendant was about fifteen years of age. The exception to the charge of His Honor, which is the basis of the decision of this Court, is embodied in the opinion delivered by Mr. Justice Bynum. Yerdict of guilty. Judgment. Appeal by defendant.\nAttorney General for the State.\nNo counsel for the prisoner."
  },
  "file_name": "0437-01",
  "first_page_order": 453,
  "last_page_order": 454
}