State v. . Utley
Supreme Court of North Carolina
INDICTMENT for attempting to poison the prosecutor by placing phosphorus and a deadly poison, the name of which is to the jurors unknown, in a coffee pot with coffee therein, made for the prosecutor to drink, feloniously and maliciously intending him to injure, kill and murder, tried before Hohe, J., at January Term, 1900, of Wake Superior Court.
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INDICTMENT for attempting to poison the prosecutor by placing phosphorus and a deadly poison, the name of which is to the jurors unknown, in a coffee pot with coffee therein, made for the prosecutor to drink, feloniously and maliciously intending him to injure, kill and murder, tried before Hohe, J., at January Term, 1900, of Wake Superior Court. After conviction, the prisoner moved in arrest of judgment, because the indictment did not charge that she had knowledge of the deadly character of the substance alleged to be poisonous. Motion disallowed, defendant excepted. • At the conclusion of…
1Opinion of the CourtFaircloth, C. J.
The defendant is indicted for attempting to poison another by placing phosphorus and a poisonous substance in a coffee pot. After the conviction the defendant moved for an arrest of judgment, because the bill did not charge that the defendant had knowledge of the deadly character* of the substance alleged to b-ei poisonous. This averment was held not to be essential in State v. Slagle, 88 N. C., 630.
The defendant also asked his Honor to instruct the jury .to render a verdict of not guilty on the ground that there was not sufficient evidence to submit to the jury, which prayer was overruled.…
2Cited by27 opinions
- State v. . RountreeSupreme Court of North Carolina · 1921
- State v. . LawrenceSupreme Court of North Carolina · 1929
- State v. . SigmonSupreme Court of North Carolina · 1925
- State v. . SmoakSupreme Court of North Carolina · 1938
- State v. . ShipmanSupreme Court of North Carolina · 1932
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