State v. . Bell
Supreme Court of North Carolina
The defendant was indicted and tried at the last Term of the Superior Court of Wake County, before his Honor, Judge Watts, for stealing a valise, the property of H. Hoffa, whose given name was to the jurors unknown. On the trial it was proved on behalf of the State by Dr. G. W. Blacknall and others that the owner of the valise stolen by the defendant was H. Hoffa.
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The defendant was indicted and tried at the last Term of the Superior Court of Wake County, before his Honor, Judge Watts, for stealing a valise, the property of H. Hoffa, whose given name was to the jurors unknown. On the trial it was proved on behalf of the State by Dr. G. W. Blacknall and others that the owner of the valise stolen by the defendant was H. Hoffa. The defendant’s counsel contended before the jury that the proof of the owner of the property being H. Hoffa, there was a fatal variance, and asked the Court so to charge, hut his Honor held that there was no variance and that the…
1Opinion of the CourtDick, J.
The indictment charges, that the valise stolen was the property of “ H. Hoffa whose given name is to the jurors unknown.” The witness proved that the property stolen belonged to H. Hoffa, and gave no information as to the “ given” or Christian name of the owner. The proof, therefore, corresponded with the allegation, and there was no variance — and the jury properly convicted the defendant.
The motion in arrest of judgment was properly overruled. The technical precision required in the old forms of indictment are not now strictly observed in criminal proceedings, and judgment will not be…
2Cases cited1 opinion
- Stephen v. StateSupreme Court of Georgia · 1852
3Cited by12 opinions
- State v. RogersSupreme Court of North Carolina · 1968
- State v. CarnagySupreme Court of Iowa · 1898
- State v. . LawSupreme Court of North Carolina · 1946
- State v. StinsonSupreme Court of North Carolina · 1965
- State v. FogertySupreme Court of Iowa · 1898
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