STATE v. MERRITT

No. 291.

72 S.E.2d 754 (1952)

236 N.C. 363

STATE v. MERRITT.

Supreme Court of North Carolina.

October 29, 1952.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., for the State.

Marvin V. Horton, Jr., Farmville, for the defendant, appellant.


JOHNSON, Justice.

The prosecuting witness is a child, who at the time of her alleged ravishment was 4 years, 10 months and 5 days of age. She lived with her mother and other relatives in a downstairs apartment at a rooming house. The defendant, aged 28, had living quarters in an upstairs room at the same house. The gist of the testimony of the prosecutrix is that the defendant picked her up from her seat on the porch and with his hand over her mouth carried her upstairs...

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