Carnally Knew

A technical phrase essential in an indictment to charge the defendant with the crime of rape. No other words nor circumlocution will answer. 1 Hale, P. C. 632; 1 Chit. Crim. Law, 243; Co. Litt. 137.

A technical phrase usual in an indictment to charge the defendant with the crime of rape. These words were considered essential; Com. Dig. Indictment; 1 Ch. Cr. L. 243; 1 Hale, P. C. 0;J2; but Chitty afterwards says that it does not seem so clear; 3 Ch. Cr. L. 812; and the settled opinion seems to be that the words "carnally knew" are included in the term "rapuit" and are therefore unnecessary; 2 Hawk. P. C. c. 25, § 50; 2 Stark. Cr. PI. 431, n. (e); but it is safer not to omit them; id.; 1 Ch. Cr. L. 24:1; 1 East, P. C. 448. These authorities would apply in states in which the offence is described simply as the crime of rape, but in those states where the crime is designated by the words "did ravish and carnally know'' it would on general principles of criminal pleading be safer to use the words of the statute. The use of the words "carnally knew" will not supply the omission of the word "ravished"; 1 Hale, P. C. 628, 032; 3 Russell, Cr. (0th ed.) 230. See Noble v. State, 22 Ohio St. 545; Hawkins v. State, 58 Ala, 378, 29 Am. Rep. 754.

In pleading. A technical phrase essential in an indictment to charge the defendant with the crime of rape.

pleadings. This is a technical phrase essential in an indictment to charge the defendant with the crime of rape; no other word, or circumlocution will answer the same purpose as these words. Vide Ravished, and Bac. Ab. Indictment, G 1; Com. Dig. Indictment, G 6; 1 Hale, 632; 3 an 60; Co. Litt. 187; 1 Chit. Cr. Law, * 243. It has been doubted whether these words were