State v. . Darden
Supreme Court of North Carolina
INDICTMENT under Section 1067, of The Code, for the stealing of the temporary use of a horse, tried before Mclver, J., at Fall Term, 1895, of Pitt Superior Court. The defendants were convicted and appealed. The facts are stated in the opinion of Associate Justice ClarK.
1Opinion of the Court
Clark, J.:
The defendants were found guilty on a charge of stealing the temporary use of ahorse and buggy. Code, Sec. 1067. After verdict there was a motion in arrest of judgment for “Defects in the face of the indictment.” The indictment on its face is good and sufficient as a charge for stealing the temporary use of the horse. The addition of the buggy does not vitiate the indictment as to the horse, and w'as simply harmless surplusage so far as the face of the indictment goes. Utile per inutile non vitiatur. The defendants were not harmed if the Judge charged properly. The presumption is…
2Cases cited1 opinion
- State v. . HartSupreme Court of North Carolina · 1895
3Cited by6 opinions
- State v. Shine.Supreme Court of North Carolina · 1908
- State v. . HesterSupreme Court of North Carolina · 1898
- Clark v. . WhitehurstSupreme Court of North Carolina · 1915
- State v. . WynneSupreme Court of North Carolina · 1909
- State v. AbernathySupreme Court of North Carolina · 1965
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