Citation Numbers: 37 S.E. 952, 128 N.C. 571
Judges: COOK, J.
Filed Date: 2/26/1901
Status: Precedential
Modified Date: 1/13/2023
The prisoner was indicted under sec. 1113 of The Code, charging him with having, in a wanton and malicious manner, attempted to destroy the reputation of one Maggie Waters, an innocent and virtuous woman, by words spoken and declared "that she, the said Maggie Waters, had had sexual intercourse with a male dog, and that he, the said George Lee Hewlin, saw the said intercourse, thereby intending to charge the said Maggie Waters with being an incontinent woman." The prisoner's counsel moved to quash the bill of indictment upon the grounds that it stated no violation of the criminal law of North Carolina. The Court granted the motion (572) to quash and the State excepted and appealed. Thereupon prisoner's counsel moved for his discharge. Motion denied and prisoner excepted.
The bill of indictment fails to show any defect upon its face. It follows the statute and contains each and every averment material to the offense. It charges that the attempt to destroy the reputation of an innocent woman was made wantonly and maliciously by words spoken, which amount to incontinency. It recites the language charged to have been used, to-wit, that the prosecutrix "had had sexual intercourse with a male dog, and that he saw the intercourse." *Page 423
It can not be successfully maintained that the bill is defective in that the intercourse was charged to have been had with a dog — bestiality — for that, "incontinency" is the actual illicit sexual intercourse.S. v. Brown,
The indictment should not have been quashed. The exception to the order of the Court in overruling the motion for the prisoner's discharge is not sustained. S. v. Griffice,
Error.
(573)