State v. . Utley
Supreme Court of North Carolina
IndictmeNt for an Attempt to' steal, tried at Pall Term, 1879, of Wake Superior Court, before Avery, J. There were two counts in the bill of indictment, and the solicitor not insisting upon the first, the defendant was tried upon the second count, which is as follows: The jurors, &c, present that Charles Utley, on the 23rd of June, 1879, did attempt to commit an offence prohibited by law, to-wit, did attempt to feloniously steal, take and carry away from the dwelling house…
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IndictmeNt for an Attempt to' steal, tried at Pall Term, 1879, of Wake Superior Court, before Avery, J. There were two counts in the bill of indictment, and the solicitor not insisting upon the first, the defendant was tried upon the second count, which is as follows: The jurors, &c, present that Charles Utley, on the 23rd of June, 1879, did attempt to commit an offence prohibited by law, to-wit, did attempt to feloniously steal, take and carry away from the dwelling house of one John J. Norñs, there situate, the personal goods, chattels and moneys of said Norris, therein contained, by then…
1Opinion of the CourtDillard, J.
The defendant was indicted for'an attempt to steal, take and carry away from the -dwelling house of John J. Norris the goods and chattels and moneys of the said Norris in said house contained, and an appeal being taken from the refusal of the judge to arrest the judgment, it becomes our duty to examine and consider the whole re cord, and to see whether there be any error in the overruling of the motion in arrest of judgment, or any defect otherwise in the bill of indictment not authorizing the court to proceed to judgment.
At common law, an attempt to commit a felony or a misdemeanor, whether…
2Cases cited1 opinion
- State v. WilsonSupreme Court of Connecticut · 1862
3Cited by12 opinions
- State v. ChandlerSupreme Court of North Carolina · 1996
- Booth v. StateCourt of Criminal Appeals of Oklahoma · 1964
- People v. RollingNew York Supreme Court · 1962
- Bates v. United StatesUnited States Circuit Court · 1881
- State v. . ColvinSupreme Court of North Carolina · 1884
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