Legal Opinion

State v. . Thorne

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 14 opinions

INDICTMENT under the act of 1874-75, ch. 228, for burning a Gin House tried at Spring Term, 1879, of Edgecombe Superior Court before Eure, J. The bill charged that the defendant did unlawfully, maliciously and feloniously set fire to and bum the gin house of V. B. Sharpe and W. H. Weathersbee, the gin house being used for the purpose of ginning cotton, and in the possession of said owners, Sharpe and Weathersbee, and with the intent to injure and defraud them, contrary, &c.

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INDICTMENT under the act of 1874-75, ch. 228, for burning a Gin House tried at Spring Term, 1879, of Edgecombe Superior Court before Eure, J. The bill charged that the defendant did unlawfully, maliciously and feloniously set fire to and bum the gin house of V. B. Sharpe and W. H. Weathersbee, the gin house being used for the purpose of ginning cotton, and in the possession of said owners, Sharpe and Weathersbee, and with the intent to injure and defraud them, contrary, &c. During the trial a juror was called as a talesman and challenged by the defendant for cause under the act of 1879, ch.…

1Opinion of the CourtSmith, C. J.

The indictment charges that the defendant did unlawfully, maliciously and feloniously set fire to and burn a gin house of V. B. Sharpe and W. H. Weathersbee with intent to injure and defraud them, and the jury find him guilty.

The act of April 10th, 1869, makes “ the wilful burning of any gin house or tobacco barn, or any part thereof, or in the night time, any stable containing a horse or horses, or a mule or mules,” an offence punishable by confinement in the state’s prison from five to ten years. Bat. Rev., ch. 32, § 6.

Subsequently the act of March 22nd, 1875, was passed, which declares the…

2Cited by14 opinions

  1. State v. . WhitfieldSupreme Court of North Carolina · 1885
  2. State v. . HartSupreme Court of North Carolina · 1895
  3. State v. . GreenSupreme Court of North Carolina · 1885
  4. State v. . PierceSupreme Court of North Carolina · 1898
  5. State v. . HowardSupreme Court of North Carolina · 1880

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