State v. . Wilkerson
Supreme Court of North Carolina
This was an INDICTMENT for false pretence, tried before Philips, J., and a jury, at Fall Term, 1888, of StaNLY Superior Court. The pretence charged was, “that a certain bay horse, which he, the said J. M. Wilkerson (the defendant), then and there had, was sound and not lame. Whereas, in truth and in fact, the said bay horse was not sound and was lame from a diseased shoulder.”
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This was an INDICTMENT for false pretence, tried before Philips, J., and a jury, at Fall Term, 1888, of StaNLY Superior Court. The pretence charged was, “that a certain bay horse, which he, the said J. M. Wilkerson (the defendant), then and there had, was sound and not lame. Whereas, in truth and in fact, the said bay horse was not sound and was lame from a diseased shoulder.” The indictment further charges, that by reason of said pretence, falsely and fraudulently made, the defendant induced the prosecutor, one W. L. Daniels, to exchange horses with him. There was evidence on the part of the…
1Opinion of the CourtShepherd, J.
(after stating the case). The first exception is addressed to the admission by his Honor of the written examination of Talbert, the objection being that the examination was not signed by the witness. To this the Attorney General answers that the alleged omission should have been assigned in the Court below. It is well settled by our author ities that when a general objection is made, either to the competency "of a witness or to the reception of testimony, the party objecting may avail himself of any grounds that may exist in support of his contention, but in the case of testimony, “ if only a…
2Cases cited3 opinions
- Hammond v. SchiffSupreme Court of North Carolina · 1888
- State v. . KempSupreme Court of North Carolina · 1882
- State v. . YoungSupreme Court of North Carolina · 1877
3Cited by5 opinions
- State v. JonesSupreme Court of North Carolina · 1977
- State v. CumberSupreme Court of North Carolina · 1971
- State v. . MangumSupreme Court of North Carolina · 1895
- Hodges v. . HodgesSupreme Court of North Carolina · 1890
- State v. . HassellSupreme Court of North Carolina · 1896