State v. . Hester
Supreme Court of North Carolina
Indictment for perjury tried before Robinson, J., and a jury at September, 1897, Term of Wake Superior Court. The defendant was convicted and sentenced for three years to hard labor on the public roads of Wake County, and appealed from the refusal of a motion for a new •trial, assigning as error the refusal of a prayer for instruction to the jury that there was a fatal variarice between the allegation and proof.
1Opinion of the Court
Clark, J.:
The defendant was indicted for perjury committed in an action wherein one “Abram Hester was plaintiff and Thos. R. Robertson was defendant” and the record offered in evidence showed that “Abram Hester was plaintiff and Thomas Robertson was defendant.” The defendant prayed the court to charge that this was a fatal variance between allegation and proof, and that the jury must find the defendant not guilty. There was evidence of the identity of Thomas Robertson and Thos. R. Robertson, which indeed was not denied, nor indeed questioned in any other way than by the prayer for…
2Cases cited23 opinions
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. . MosesSupreme Court of North Carolina · 1830
- State v. . PetersSupreme Court of North Carolina · 1890
- Gumm v. HubbardSupreme Court of Missouri · 1888
- Rooks v. StateSupreme Court of Alabama · 1887
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3Cited by13 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. . UtleySupreme Court of North Carolina · 1943
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. . GibsonSupreme Court of North Carolina · 1942
- State v. UtleySupreme Court of North Carolina · 1943
8 more not listed; retrieve them via the Exa API.