Legal Opinion · Dissent

State v. Dewey.

Supreme Court of North Carolina

Decided October 3, 1905PublishedCited by 11 opinions

INDICTMENT for embezzlement against T. W. Dewey, beard by Judge E. B. Jones and a jury, at the July Term, 1905, of the Superior Court of Graven County. Erom a conviction and the sentence of the court, the defendant appealed.

1DissentHoke, J.

The defendant, indicted for embezzlement, applied to the solicitor for a "Bill of Particulars," who replied that all the information he could give was contained in the books of the Merchants' Bank of New Bern, of which he was advised the defendant and his counsel had made a full and complete examination. The defendant then applied to the judge at the succeeding term (April, 1905), who, upon the hearing of the motion, declined the same and the defendant appealed.

Such refusal is not appealable except possibly in a case of gross abuse of discretion. S. v. Brady, 107 N.C. 826, 827; S. v. Bryant,…

2Cases cited25 opinions

  1. State v. . BradySupreme Court of North Carolina · 1890
  2. State v. McDonald.Supreme Court of North Carolina · 1903
  3. State v. Van PeltSupreme Court of North Carolina · 1904
  4. State v. . McNairSupreme Court of North Carolina · 1885
  5. Townsend v. . WilliamsSupreme Court of North Carolina · 1895

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3Cited by11 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. State v. . LippardSupreme Court of North Carolina · 1943
  3. State v. LippardSupreme Court of North Carolina · 1943
  4. State v. . WhitfieldSupreme Court of North Carolina · 1934
  5. State v. . WadfordSupreme Court of North Carolina · 1927

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