State v. . Austin
Supreme Court of North Carolina
INDICTMENT for obtaining Signature by Ealse Pretence tried at Spring Term, 1878, of UnioN Superior Court, before Moore, J. This indictment was drawn under Bat.
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INDICTMENT for obtaining Signature by Ealse Pretence tried at Spring Term, 1878, of UnioN Superior Court, before Moore, J. This indictment was drawn under Bat. Rev. ch. 32 § 67, and charged that the defendant procured and induced one Sidney Allen to execute to him a note under seal for fifty dollars, dated on the 9th of December, 1875, and payable on or before the 1st of October, following, and also a chattel mortgage to secure the same, by falsely and fraudulently representing that he had bought of one J. "W. Collins and was then owner of a note of twenty-five dollars and a chattel mortgage…
1Opinion of the Court
Smith, C. J.'
(After stating the case as above.) We discover no error in the ruling of the Court in regard to the evidence received, and no reason for excluding it was given to the Judge who tried the cause, and none has been pointed out on the argument here.
But the exceptions to the instructions given to the jury must be sustained'. There is a-fatal objection to the instructions, in that, they fail to call to the attention of the jury an important element in the offence charged, — the fraudulent intent of the defendant. Iiis guilt does not entirely depend upon the question of the genuineness…
2Cited by9 opinions
- State v. FosterSupreme Court of North Carolina · 1902
- State v. MorganSupreme Court of North Carolina · 1904
- State v. BridgersSupreme Court of North Carolina · 1951
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- State v. . WolfSupreme Court of North Carolina · 1898
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