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STATE v. BROWDER

No. 74.

112 S.E.2d 728 (1960)

252 N.C. 35

STATE v. James Henry Franklin BROWDER.

Supreme Court of North Carolina.

February 24, 1960.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

Claude W. Harris, and Willis A. Talton, Greenville, for defendant.

PARKER, Justice.

The act of "carnally knowing and abusing any female child under the age of twelve years" is rape, even though she consents. G.S. § 14-21; State v. Storkey, 63 N.C. 7; State v. Johnson, 226 N.C. 671, 40 S.E.2d 113. Neither force, nor intent are elements of the offense. State v. Jones, 249 N.C. 134, 105 S.E.2d 513.

The State's evidence presents these facts: On 6 May 1959...

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