State v. . Blue
Supreme Court of North Carolina
INDICTMENT for False Pretence, tried at Fail Term, 1880, of Cumberland Superior Court, before Avery, J. The defendant was charged with obtaining goods by a 'false pretence. The jury returned the following special verdict 1 “ The defendant entered into an agreement with the prosecutor, Worrell, last spring to chip a crop of turpentine boxes. A crop of turpentine boxes consists of from ten thousand to twelve thousand trees.
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INDICTMENT for False Pretence, tried at Fail Term, 1880, of Cumberland Superior Court, before Avery, J. The defendant was charged with obtaining goods by a 'false pretence. The jury returned the following special verdict 1 “ The defendant entered into an agreement with the prosecutor, Worrell, last spring to chip a crop of turpentine boxes. A crop of turpentine boxes consists of from ten thousand to twelve thousand trees. At the end of the week after the agreement was made, the defendant represented to said Worrell that he had chipped a crop of boxes, and by means of that representation…
1Opinion of the CourtAshe, J.
The special verdict found in this case is defective, and the facts found by the jury are not sufficient to warrant any judgment .thereon. The judgment therefore. pronounced by the court that the defendant was not guilty is .erroneous.
In judging upon a special verdict the court is confined to. the facts expressly found, and cannot supply the want thereof as to any material part, by an agreement or implication from what is expressly found. And when the facts are of an equivocal character which may mean one thing or another, the court cannot determine as a question of law the guilt or innocence…
2Cases cited2 opinions
- State v. . CurtisSupreme Court of North Carolina · 1874
- State v. . LowrySupreme Court of North Carolina · 1876
3Cited by19 opinions
- State v. ParkerSupreme Court of North Carolina · 2001
- State v. MorganSupreme Court of North Carolina · 1904
- State v. JordanSupreme Court of Missouri · 1920
- State v. . BraySupreme Court of North Carolina · 1883
- State v. BloodworthSupreme Court of North Carolina · 1886
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