State v. . Leak
Supreme Court of North Carolina
INDICTMENT for Forgery tried at Fall Term, 1878, of Richmond Superior-Court, before Buxton, J. The defendant is charged with the crime of forgery in an indictment containing three counts, in each of which the alleged forged instrument is described in these 'words : “May 4th, 1878. Everett & Co. — Let this boy have $2.65 worth of goods.”
Read the full summary
INDICTMENT for Forgery tried at Fall Term, 1878, of Richmond Superior-Court, before Buxton, J. The defendant is charged with the crime of forgery in an indictment containing three counts, in each of which the alleged forged instrument is described in these 'words : “May 4th, 1878. Everett & Co. — Let this boy have $2.65 worth of goods.” Signed — “Joseph Flowers,” The several counts differ only in the following particulars, — the first count charges an intent to defraud the said Joseph Flowers; the second, an intent to defraud William J. Everett and others, and avers that they were under…
1Opinion of the Court
Smith, <3. J.
(After stating the case.) The chai'ge in substance is, that if the intent to defraud either of the parties named was satisfactorily proved to the jury, they were warranted in finding against the defendant on the last eount under the general allegation to defraud. In this we see no error. The form of this count is authorized by the ex’press words of the statute, and it is sufficient at the trial to show any person who could be defrauded and against whom the intent to defraud is directed, in proof of the general averment of an intent to defraud. But it is neither necessary nor…
2Cases cited2 opinions
- State v. . LambSupreme Court of North Carolina · 1871
- State v. . Bob ThornSupreme Court of North Carolina · 1872
3Cited by15 opinions
- State v. . GilchristSupreme Court of North Carolina · 1893
- State v. May.Supreme Court of North Carolina · 1903
- State v. Gregory.Supreme Court of North Carolina · 1910
- State v. . PoythressSupreme Court of North Carolina · 1917
- State v. . Cross and WhiteSupreme Court of North Carolina · 1888
10 more not listed; retrieve them via the Exa API.