State v. . Caldwell
Supreme Court of North Carolina
The defendant was tried and convicted at Fall Term, 1892, of NorthAJtPTON Superior Court, before Shuford, J., and a jury.
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The defendant was tried and convicted at Fall Term, 1892, of NorthAJtPTON Superior Court, before Shuford, J., and a jury. The indictment charged that “the defendant, unlawfully and knowingly devising and intending to cheat and defraud "Willis Mitchell of his goods, moneys, etc., did unlawfully, knowingly and- designedly, falsely pretend to said Mitchell that he, the said R. A. Caldwell, was an agent of the United States Government, and was agent for certain parties iii Oklahoma Territory for the sale of lands and town lots in the town of Langston in the Territory of Oklahoma, and by mams…
1Opinion of the Court
Clark, J.:
The offense charged is obtaining goods under false pretenses, which may be punished by imprisonment in the penitentiary. The Code, §§1025, 1026. Since the enactment of chapter 205, Acts 1891, defining the line between felonies and misdemeanors, all offenses which may be punished by death or imprisonment in the penitentiary are felonies. The bill is defective as a charge for false pretense, as it omits'the word “feloniously,” and judgment must be arrested. State v. Skidmore, 109 N. C., 795 ; State v. Purdie, 67 N. C., 25. There is no exception stated for thú refusal to grant the…
2Cases cited3 opinions
- State v. . FlowersSupreme Court of North Carolina · 1891
- State v. . SkidmoreSupreme Court of North Carolina · 1891
- State v. . PurdieSupreme Court of North Carolina · 1872
3Cited by11 opinions
- State v. Marsh.Supreme Court of North Carolina · 1903
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. FowlerSupreme Court of North Carolina · 1966
- State v. . McCollumSupreme Court of North Carolina · 1921
- State v. SawyerSupreme Court of North Carolina · 1950
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