State v. Jones
Supreme Court of North Carolina
INDICTMENT, for cheating by false tokens, &c., (Bat. Rev., ebap. 82, secs. 66, 67,) tried before Clarice, J., at the Fall Terna, 1873, of Robeson Superior Court.
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INDICTMENT, for cheating by false tokens, &c., (Bat. Rev., ebap. 82, secs. 66, 67,) tried before Clarice, J., at the Fall Terna, 1873, of Robeson Superior Court. The allegation in the indictment'was, that the defendant intending to cheat, &c., one Collins, unlawfully, knowingly, &c., sold him four barrels of lightwood chips, billets of wood, and dirt, covered on top with turpentine, for four barrels of merchantable turpentine, {scrape, as it is known in the trade,) for which he obtained ten dollars. It was in evidence for the State, that the defendant endeavored to fell the barrels,…
1Opinion of the CourtSettle, J.
The doctrine of emeat emptor, upon which the defendant relies, does not apply to the facts in the case before us.
After the very thorough discussion of the crime of cheating by false tokens, pretences, &c., and the citation of authorities, by Reade, J., in State v. Phifer, 65 N. C. Rep., 321, it would be useless to pursue the subject further.
’ The facts in this case fall clearly under the denunciation of our statute. Rev. Code, ch. 34, sec. 67. And, .notwithstanding the objection urged by counsel to the charge of his Honor, we are of opinion that he submitted the caseto the jury, in as…
2Cases cited1 opinion
- State v. . PhiferSupreme Court of North Carolina · 1871
3Cited by5 opinions
- State v. . YoungSupreme Court of North Carolina · 1877
- State v. . DicksonSupreme Court of North Carolina · 1883
- State v. . EasonSupreme Court of North Carolina · 1882
- State v. . LambethSupreme Court of North Carolina · 1879
- State v. . HolmesSupreme Court of North Carolina · 1880