State v. . Christianbury and Hermon
Supreme Court of North Carolina
The defendants were indieted for a conspiracy. Pleas, not guilty and Slat. Limitations. On the tidal before his Honor Judge Manly, at the Superior Court of Law of Alexander, af Fall Term, 1851, the indictment charged, and the facts in substance were, that in order to defraud James Vincannon out of the collection of a judgment which he had obtained against Catharine Christianbury before a Justice of the Peace, the defendants agreed that Catharine should sell all her property…
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The defendants were indieted for a conspiracy. Pleas, not guilty and Slat. Limitations. On the tidal before his Honor Judge Manly, at the Superior Court of Law of Alexander, af Fall Term, 1851, the indictment charged, and the facts in substance were, that in order to defraud James Vincannon out of the collection of a judgment which he had obtained against Catharine Christianbury before a Justice of the Peace, the defendants agreed that Catharine should sell all her property to George Hermon, and that he should pay her the money for it. To this ceremony, a witness was to be called. It was…
1Opinion of the CourtNash, C. J.
Whether the facts charged in this indictment amount to an indictable offence or not, we do not feel called on to decide, as there is another point upon which we think his Hon- or below erred. The acts which are charged in the indictment, as constituting the offence, took place more than two years before the. prosecution was commenced. By the Act of 1836, (Rev. Stat. ch. 35, sec. 8,) it is provided that “ in all tresspasses and other misdemeanors, except tire offences of perjury, forgery, malicious mischief and deceit, the prosecution shall commence within two years after the commission,” &c.,…
2Cases cited2 opinions
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- State v. BrewerSupreme Court of North Carolina · 1963
- State v. Van PeltSupreme Court of North Carolina · 1904
- State v. . WrennSupreme Court of North Carolina · 1930
- State v. . DiggsSupreme Court of North Carolina · 1921
- State v. CrowellSupreme Court of North Carolina · 1895
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