State v. Whedbee
Supreme Court of North Carolina
Appeal from W. J. Adams, J., August Term, 1909, of UNION. This is an indictment ag'ainst tbe defendant for cheating and defrauding W. C. Heath by means of a false and fraudulent pretense. As the case is decided upon the validity of the indictment, it will be necessary to set it out. It is as follows : Noeth Caeolina — Union County. Superior Court, March Term, 1909. State v. T. C. Whedbee.
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Appeal from W. J. Adams, J., August Term, 1909, of UNION. This is an indictment ag'ainst tbe defendant for cheating and defrauding W. C. Heath by means of a false and fraudulent pretense. As the case is decided upon the validity of the indictment, it will be necessary to set it out. It is as follows : Noeth Caeolina — Union County. Superior Court, March Term, 1909. State v. T. C. Whedbee. The jurors for the State upon their oath present that T. C. Whedbee, late of the county of Union, in said State, with force and arms, at and in said county of Union and State of North Carolina, with intent…
1Opinion of the Court
Walkeb, J.,
after stating the case-: The indictment in this case is palpably defective. A criminal false pretense may be defined to be the false representation of a subsisting fact, whether by oral or written words or conduct, which is calculated to deceive, intended to deceive, and which does, in fact, deceive, and by means of which one person obtains value from another without compensation. S. v. Phifer, 65 N. C., 321. That case has been repeatedly approved by this Court in numerous subsequent decisions involving the question as to the true nature and the constituent elements of a false…
2Cases cited15 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- Thomas v. . the PeopleNew York Court of Appeals · 1866
- State v. MatthewsSupreme Court of North Carolina · 1897
- Todd v. StateIndiana Supreme Court · 1869
- State v. . MangumSupreme Court of North Carolina · 1895
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3Cited by20 opinions
- State v. GreerSupreme Court of North Carolina · 1953
- State v. CroninSupreme Court of North Carolina · 1980
- Clifton v. StateSupreme Court of Florida · 1918
- State v. BowdrySupreme Court of Missouri · 1940
- State v. SeeligCourt of Appeals of North Carolina · 2013
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