(Download) "North Carolina v. Small" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Small
- Author : Court of Appeals of New York
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Defendant appears to argue that the second incident of sexual intercourse complained of was only a continuation of the first incident, hence the evidence tended to show only one offense. While defendant does not cite, and our research does not disclose, any case from this jurisdiction which we consider directly on point, we think the principle stated in State v. Johnson, 212 N.C. 566, 194 S.E. 319 (1937), is applicable here. In that case, in an opinion by Justice (later Chief Justice) Barnhill, our Supreme Court said (page 570): "A continuing offense . . . is a breach of the criminal law not terminated by a single act or fact, but which subsists for a definite period and is intended to cover or apply to successive similar obligations or occurrences."