State v. . Goings
Supreme Court of North Carolina
INDICTMENT for larceny and receiving, tried before Gilmer, Judge, at July Term, 1887, of Rockingham Superior Court. The defendant is charged in the indictment, in a first •count under the statute {The Code, §1066,) with the larceny of a horse, and in a second count under the statute {The Code, §1074,) with receiving the same horse, knowing him to have been stolen, and both counts conclude against the statute.
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INDICTMENT for larceny and receiving, tried before Gilmer, Judge, at July Term, 1887, of Rockingham Superior Court. The defendant is charged in the indictment, in a first •count under the statute {The Code, §1066,) with the larceny of a horse, and in a second count under the statute {The Code, §1074,) with receiving the same horse, knowing him to have been stolen, and both counts conclude against the statute. On the trial, there was a general verdict of guilty. • The defendant moved in arrest of judgment, assigning as ground for the motion that the maximum of punishment for the former offence…
1Opinion of the Court
MerrimoN, J.,
(after stating the case). We are of opinion that the Court should not have proceeded to judgment upon the general verdict of guilty, because the two offences charged in the indictment were not of the same grade, nor was the punishment-the same in each, in contemplation of the statute. In the nature of the matter, the Court could not determine for which offence the punishment ought to have been imposed, and, therefore, could not mete it out as contemplated by the law. The sentence was for but seven years’ imprisonment in the Penitentiary, but for which offence? The record does not…
2Cases cited2 opinions
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- State v. . JohnsonSupreme Court of North Carolina · 1876
3Cited by11 opinions
- State v. PerrySupreme Court of North Carolina · 1982
- State v. MeshawSupreme Court of North Carolina · 1957
- State v. . McCollumSupreme Court of North Carolina · 1921
- State v. . FinchSupreme Court of North Carolina · 1940
- State v. McCollumSupreme Court of North Carolina · 1921
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