State v. Carlson
Supreme Court of North Carolina
CeumiNal action, tried before Adams, J., and a jury, at January. Term, 1916, of Hendeirson. Defendant was indicted for obtaining money by a false pretense, in .that he represented to one Dr. David J. Fuller “that the stock of the Hendersonville Traction Company could be bought for $20,000, and no less,” and that “he, the said C. A. Carlson, had $10,000, and that if the said David J. Fuller would furnish the other $10,000, he, said C. A. Carlson, would purchase all of the…
Read the full summary
CeumiNal action, tried before Adams, J., and a jury, at January. Term, 1916, of Hendeirson. Defendant was indicted for obtaining money by a false pretense, in .that he represented to one Dr. David J. Fuller “that the stock of the Hendersonville Traction Company could be bought for $20,000, and no less,” and that “he, the said C. A. Carlson, had $10,000, and that if the said David J. Fuller would furnish the other $10,000, he, said C. A. Carlson, would purchase all of the said stock in said Hendersonville Traction Company, and that they would hold it jointly and unencumbered,” which it is…
1Opinion of the Court
Walker, J.,
after stating the case: The motion to nonsuit requires that we should ascertain merely whether there is any evidence to sustain the allegations of the indictment. The same rule applies as in civil cases, and the evidence must receive the most favorable construction *824in favor of the State for the purpose of determining its legal sufficiency to convict, leaving its weight to be passed upon by the jury. S. v. Carmon, 145 N. C., 481; S. v. Walker, 149 N. C., 527; S. v. Costner, 127 N. C., 566. The effect of Laws 1913, ch. 73, allowing a motion for non-suit in a criminal case, was-…
2Cases cited13 opinions
- State v. . GibsonSupreme Court of North Carolina · 1915
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . HartSupreme Court of North Carolina · 1895
- State v. . UtleySupreme Court of North Carolina · 1900
- State v. . HillSupreme Court of North Carolina · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- State v. AlbartySupreme Court of North Carolina · 1953
- State v. GreeneSupreme Court of North Carolina · 1976
- State v. HelmsSupreme Court of North Carolina · 1958
- State v. StinsonSupreme Court of North Carolina · 1965
11 more not listed; retrieve them via the Exa API.