State v. . Mangum
Supreme Court of North Carolina
The defendant was indicted and tried at September Term, 1894, of ¥axe Superior Court, before Bynum, J. There were two bills of indictment found at September Term, 1894, to-wit: I. The jurors of the State, upon their oaths, present: That John Mangum, late of the county of Wake, wickedly devising and intending to cheat and defraud, on the 1st day of Febrary, A. D. 1894, with force and arms at and in the county aforesaid, unlawfully, knowingly, designedly and feloniously did…
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The defendant was indicted and tried at September Term, 1894, of ¥axe Superior Court, before Bynum, J. There were two bills of indictment found at September Term, 1894, to-wit: I. The jurors of the State, upon their oaths, present: That John Mangum, late of the county of Wake, wickedly devising and intending to cheat and defraud, on the 1st day of Febrary, A. D. 1894, with force and arms at and in the county aforesaid, unlawfully, knowingly, designedly and feloniously did unto one S. EL Perry falsely pretend that a certain horse was sound in every respect and only about nine years old and…
1Opinion of the Court
Eukohes, J.:
The defendant is indicted for a false pre-tence, in trading a horse to the prosecutor Perry. The defendant moved to quash for the reason that the bill did not charge a criminal offence, which motion was allowed by the Court, the bill quashed, and the State appealed.
There are two bills of indictment, which the Court treats as one bill with two counts. State v Watts, 82 N. C., 656, and State v. McNeill, 93 N. C., 552. So, if either bill is sufficient, the motion should have been refused.
Then the second bill, though not very well drawn, •charges that the defendant “ unlawfully,…
2Cases cited7 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . WattsSupreme Court of North Carolina · 1880
- State v. . BurkeSupreme Court of North Carolina · 1891
- State v. . WilkersonSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- State v. . DavenportSupreme Court of North Carolina · 1947
- State v. DavenportSupreme Court of North Carolina · 1947
- State v. . HowleySupreme Court of North Carolina · 1941
- State v. . WhedbeeSupreme Court of North Carolina · 1910
8 more not listed; retrieve them via the Exa API.