Legal Opinion

State v. . Goffney

Supreme Court of North Carolina

Decided December 20, 1911PublishedCited by 13 opinions

Appeal from Ooolce, Jat September Term, 1911, of 'WilsoN. Indictment for housebreaking under section'3333 of Revisal. There was a verdict of guilty. Tbe court sentenced defendant to three years on tbe roads. Defendant appealed.

1Opinion of the CourtBkowN, J.

1. Tbe defendant moved in arrest of judgment becairse tbe word felonious is not charged in tbe bill. Tbe charge is that defendant did break and enter (otherwise than by burglarious breaking) tbe storeroom and bouse of George Barnes and Joe Barnes, partners, etc., with intent to commit a felony, to wit, with intent tbe goods, etc., of said Barnes Bros., etc., feloniously to steal, etc.

Tbe defendant attacks tbe bill of indictment for tbe reason that it does not allege that tbe breaking and entering into tbe storeroom was feloniously done.

We think this exception is without merit. Tbe indictment…

2Cases cited7 opinions

  1. Williams v. StateSupreme Court of Georgia · 1875
  2. State v. . AdamsSupreme Court of North Carolina · 1894
  3. People v. CollinsCalifornia Supreme Court · 1878
  4. State v. . SmithSupreme Court of North Carolina · 1910
  5. Allen v. StateSupreme Court of Alabama · 1867

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

3Cited by13 opinions

  1. State v. BurnetteSupreme Court of North Carolina · 1955
  2. State v. BooneSupreme Court of North Carolina · 1979
  3. State v. UpchurchSupreme Court of North Carolina · 1992
  4. State v. SellersSupreme Court of North Carolina · 1968
  5. State v. . CallettSupreme Court of North Carolina · 1937

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

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