Legal Opinion

State v. . Brady

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 50 opinions

This was an Indictment for Conspiracy to cheat and defraud, tried before Graves, J., and a jury, at August Term, 1890, of Moore Superior Court.

Read the full summary

This was an Indictment for Conspiracy to cheat and defraud, tried before Graves, J., and a jury, at August Term, 1890, of Moore Superior Court. The indictment was as follows: “The jurors for the State upon their oath present, that N. P. Brady, M. D. Brady, R. D. Williams and J. W. H. Cock eraran, late of the county of Moore, on the 10th day of December, 1887, at and in the county of Moore, with the intent to defraud, unlawfully, wickedly and deceitfully did conspire together to cheat and defraud William K. Jackson of his goods and chattels, bonds and .tenements, contrary to the form of the…

1Opinion of the Court

Claek, J.:

The defendants moved to quash the indictment as to each count, on the ground (1) that it charged no indictable offence; (2) that it did not allege the means by which the cheating and defrauding were to be effected.

This motion being denied, it was renewed on the same grounds in arrest of judgment, and again denied. A general verdict of guilty as to appellants was returned.

There were two counts in the indictment, and if either was good it would support the verdict. State v. Morrison, 2 Ired., 9; State v. Toole, 106 N. C., 736, and cases there cited. Upon reason and precedent, however,…

2Cases cited6 opinions

  1. State v. . TooleSupreme Court of North Carolina · 1890
  2. State v. . PritchettSupreme Court of North Carolina · 1890
  3. State v. . AndersonSupreme Court of North Carolina · 1885
  4. State v. . ColeSupreme Court of North Carolina · 1886
  5. Hodges Bros. v. LassiterSupreme Court of North Carolina · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. State v. . LeaSupreme Court of North Carolina · 1932
  2. State v. . WhitesideSupreme Court of North Carolina · 1933
  3. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  4. State v. . DavenportSupreme Court of North Carolina · 1947
  5. State v. . AndersonSupreme Court of North Carolina · 1935

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API