Legal Opinion

State v. Van Pelt

Supreme Court of North Carolina

Decided December 13, 1904Published

INxixotmeNT against A. Van Pelt, W. T. R. Jenkins, C. A. Sherman, S. W. Henry and S. A. Sherman, hoard by Judge M. II. Justice at May Term, 1904, of the Superior Court of Rowan County.

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INxixotmeNT against A. Van Pelt, W. T. R. Jenkins, C. A. Sherman, S. W. Henry and S. A. Sherman, hoard by Judge M. II. Justice at May Term, 1904, of the Superior Court of Rowan County. This was an indictment against the defendants in the following words, to-wit: “The jurors for the State, upon their oath, present that A. Van Pelt, W. T. R. Jenkins, C. A. Shu-man, S. W. ITenry and S. A. Shuman, being persons of evil minds and dispositions, together with divers other evil-disposed persons, whose names are to the jurors unknown, wickedly devising and intending to injure and destroy one C. A.…

1Opinion of the CourtCoNNOR, J.

We do not find it necessary to consider the sufficiency of the first count in the bill. By filing the bill of *639particulars the State, for the purpose of this appeal, makes sufficiently definite the charge and means by which the alleged conspiracy was to be put into execution. The demurrer ore tenus is based upon the indictment and the bill of particulars. We, however, fully approve the language of Shaw, C. J., in Com. v. Hunt, 45 Mass., 111. “From this view of the law respecting conspiracy we think it an’offense which especially demands the application of that wise and humane rule of the…

2Cases cited21 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Pettibone v. United StatesSupreme Court of the United States · 1893
  3. Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
  4. National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
  5. Bohn Manufacturing Co. v. HollisSupreme Court of Minnesota · 1893

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