Legal Opinion

State v. . Nipper

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 6 opinions

At -July Criminal Term, 1886, of the Superior Court of Wake, Philips, Judge, presiding, the defendant was tried upon an indictment for Burglary, containing two counts — the first charging him with feloniously breaking and entering the dwelling-house of one Jackson, with the intent the goods and chattels of the said Jackson feloniously and burglariously to steal, &c.; and the second, that he did break and enter into said house, with the intent the goods and chattels of said…

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At -July Criminal Term, 1886, of the Superior Court of Wake, Philips, Judge, presiding, the defendant was tried upon an indictment for Burglary, containing two counts — the first charging him with feloniously breaking and entering the dwelling-house of one Jackson, with the intent the goods and chattels of the said Jackson feloniously and burglariously to steal, &c.; and the second, that he did break and enter into said house, with the intent the goods and chattels of said Jackson feloniously and burglariously to steal, &c., “and then and there in said dwelling-house, three bushels of corn,…

1Opinion of the CourtMerrimon, J.

The indictment charges the defendant with stealing three bushels of corn, the property of the prosecutor. The appellant contends that this implies shelled corn, and that as the evidence on the trial went to prove that the com stolen was in the ear, there was a substantial variance between the charge in the indictment and the proof, and therefore he was improperly convicted.

The charge in an indictment in respect to the things stolen, must be made witli such reasonable certainty as that the Court can see and understand what is its nature and its identity, and as will enable the accused to make…

2Cases cited3 opinions

  1. State v. . MartinSupreme Court of North Carolina · 1880
  2. State v. . CampbellSupreme Court of North Carolina · 1877
  3. State v. . HarrisSupreme Court of North Carolina · 1870

3Cited by6 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. State v. . BrabhamSupreme Court of North Carolina · 1891
  3. State v. . HauserSupreme Court of North Carolina · 1922
  4. State v. . MooreSupreme Court of North Carolina · 1897
  5. State v. HaiglerCourt of Appeals of North Carolina · 1972

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