State v. . McCloud
Supreme Court of North Carolina
Appeal from Peebles, JMay Term, 1909, of Beaueokt. Tbis was an indictment under section 3432, Revisal. . The jury returned the following special verdict: “The Clarke-Smith Company was a corporation, engaged in mercantile business at Belhaven. It issued aluminum checks to employees of the Roper Lumber Company, representing goods, and good for amount in goods named in check.
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Appeal from Peebles, JMay Term, 1909, of Beaueokt. Tbis was an indictment under section 3432, Revisal. . The jury returned the following special verdict: “The Clarke-Smith Company was a corporation, engaged in mercantile business at Belhaven. It issued aluminum checks to employees of the Roper Lumber Company, representing goods, and good for amount in goods named in check. Henry Boyd was a laborer for said Roper Lumber Company, and his name had been furnished by said Roper Lumber Company, as its laborer, to said Olarke-Smith Company. Defendant applied to said Clarke-Smith Company for a…
1Opinion of the Court
MANNING, J.,
after stating the case: The special verdict found in this case is defective, and the facts found by the jury are not sufficient to warrant any judgment tbereon. In determining the guilt or innocence of a defendant upon a special verdict, tbe court is confined to tbe facts found, and is not at liberty to infer anything not directly found. State v. Custer, 65 N. C., 339; State v. Hanner, 143 N. C., 632, and cases cited. Tbe special verdict does not find tbe intent with which tbe defendant made tbe statements. “.Tbe intent to cheat and defraud tbe prosecutor is an essential…
2Cases cited4 opinions
- State v. . BlueSupreme Court of North Carolina · 1881
- State v. . BraySupreme Court of North Carolina · 1883
- State v. . CusterSupreme Court of North Carolina · 1871
- State v. . OakleySupreme Court of North Carolina · 1889
3Cited by5 opinions
- State v. EllisSupreme Court of North Carolina · 1964
- State v. . FennerSupreme Court of North Carolina · 1914
- State v. . Colonial ClubSupreme Court of North Carolina · 1910
- State v. . AllenSupreme Court of North Carolina · 1914
- State v. . Colonial ClubSupreme Court of North Carolina · 1910