State v. . Harris
Supreme Court of North Carolina
ORimihal ACTION, tried before Oouncill, J., and a jury, at April Term, 1901, of the Superior Court of Anson County. Defendant was indicted and convicted of perjury on the following bill of indictment: “The jurors for the State, upon their oaths, present: That Riley Harris, late of the county of Anson, on the 9th day of March, in the year of our Lord one thousand nine hundred and six, with force and arms, at and in the county aforesaid, did unlawfully commit perjury upon the…
Read the full summary
ORimihal ACTION, tried before Oouncill, J., and a jury, at April Term, 1901, of the Superior Court of Anson County. Defendant was indicted and convicted of perjury on the following bill of indictment: “The jurors for the State, upon their oaths, present: That Riley Harris, late of the county of Anson, on the 9th day of March, in the year of our Lord one thousand nine hundred and six, with force and arms, at and in the county aforesaid, did unlawfully commit perjury upon the trial of an action in the court of a justice of the peace in Anson County, wherein the State of North Carolina was…
1Opinion of the Court
Hoke, J.,
after stating the case: It is chiefly urged against the validity of this conviction and sentence that the word “feloniously” is not used in the bill of indictment. The question is distinctly and properly raised, both by motion to quash and in arrest of judgment, but we are of opinion that the position cannot be sustained. It has been frequently held with us that, in indictments for felonies, the word “feloni-ously” must appear as descriptive of the offense, and that no other or equivalent term will suffice. This principle, however, does not obtain where the Legislature otherwise…
2Cases cited5 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- State v. . GatesSupreme Court of North Carolina · 1890
- Commonwealth v. FreeloveMassachusetts Supreme Judicial Court · 1889
- State v. . HesterSupreme Court of North Carolina · 1898
- State v. . ShawSupreme Court of North Carolina · 1895
3Cited by14 opinions
- State v. HuntSupreme Court of North Carolina · 2003
- State v. LoweSupreme Court of North Carolina · 1978
- State v. WhiteSupreme Court of North Carolina · 2019
- State v. . HolderSupreme Court of North Carolina · 1910
- State v. JenkinsSupreme Court of North Carolina · 1953
9 more not listed; retrieve them via the Exa API.