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125 N.C. 606

34 S.E 105

State v. . Brown

Supreme Court of North Carolina

Decided October 17, 1899

Supreme Court of North Carolina · decided 1899-10-17

INDICTMENT for rape upon Pearlie Harper, a female child under 10 years of age, tried before Moore, J., and a jury, at April Term, 1899, of Pitt Superior Court. Tbe prosecutrix, Pearlie Harper, was first examined for the State, and testified to the commission of the offence upon her by the prisoner; that she was hurt and bleeding, and while she was crying he threatened if she told to kill her,, and told her to say that she did it herself with a cotton stalk.

Decided 1899-10-17

FAiRcnoTH, O. J.

¶1 The prisoner was indicted and convicted of rape on a female under 10 years of age. Only one *608 exception appears in tbe record, and tbat is to tbe competency of evidence.

¶2 Tbe prosecutrix testified to tbe assault, and was cross-examined by tbe prisoner for the purpose of impeaching tbe evidence of tbe prosecutrix. Tbe State then introduced a witness to corroborate tbe prosecutrix,by proving a declaration of the prosecutrix made soon after tbe assault, in regard to the same. Tbe prisoner excepted to tbe admission of such evidence, the conversation having taken place in tbe absence of tbe prisoner. Tbe evidence is competent according to all tbe numerous decisions made for nearly a century. In Burnett v. Railway Co., 120 N. C., 517, this Court considered thq question in all its bearings, and cited a long list of tbe cases.

¶3 We were not favored with an argument in behalf of tbe prisoner. We are not aware of a single authority in conflict with the rule above referred to-.

¶4 We see no error in any part of tbe record, and must affirm the judgment of tbe Superior Court.

¶5 No error.

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