State v. . Yarborough
Supreme Court of North Carolina
INDICTMENT for administering Poison with intent to kill, tried at Spring Term, 1877, of Geanville Superior Court, before Buxton, J. The jury rendered a verdict of guilty and the defendant moved in arrest of judgment; for that the bill did not charge that the defendant administered the poison knowingly and secretly. His Honor overruled the motion and the defendant appealed.
1Opinion of the CourtBynum, J.
The defendant was indicted and convicted of administering poison to William Mills, with intent to kill; and he now moves in arrest of judgment for defects in the bill of indictment.
The bill charges that the defendant on a certain day, “feloniously and unlawfully did administer to William Mills a large quantity of a certain deadly-poison, called strychnia; to-wit, two drachms, with intent, &c.,” omitting the averment that he “ then and there well knew that the said strychnia was a deadly poison,” &c.
The precedents all contain this averment either in express terms or in substance and effect.…
2Cited by1 opinion
- State v. . SlagleSupreme Court of North Carolina · 1880