State v. . Evans
Supreme Court of North Carolina
This was an indictment for larceny in stealing a horse. The caption of the indictment was as follows: “ North Carolina, Cumberland county, Superior Court, Spring Term, 1873.” It charged in the usual form that the defendant, late of the county of Cumberland, on the 1st day of February, 1873, in the count aforesaid, committed the act of stealing.
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This was an indictment for larceny in stealing a horse. The caption of the indictment was as follows: “ North Carolina, Cumberland county, Superior Court, Spring Term, 1873.” It charged in the usual form that the defendant, late of the county of Cumberland, on the 1st day of February, 1873, in the count aforesaid, committed the act of stealing. The defendant pleaded not guilty, and after ,his trial and conviction moved in arrest of judgment. 1st. Because there had been several statutes which were passed in the years 1866, 1868 and 1869 which prescribed different inodes of punishment for horse…
1Opinion of the CourtReade, J.
At the time charged in the indictment when the offense was committed, and at the time when it was proved to have been committed, there was but one statute in existence prescribing the punishment of the offense-charged, although there had been years before several statutes changing the punishment from time to time. And on this ground the defendant moved in arrest of judgement. His. argument is that inasmuch as the time stated in the indictment, is not traversable, and need not be proved, its office is not to inform the Court when the offense was committed, and that although the indictment…
2Cases cited2 opinions
- State v. . Chaney WiseSupreme Court of North Carolina · 1872
- State v. . SmithSupreme Court of North Carolina · 1869
3Cited by2 opinions
- State v. . KirkmanSupreme Court of North Carolina · 1889
- State v. . ParkerSupreme Court of North Carolina · 1879