State v. . Pickens
Supreme Court of North Carolina
INDICTMENT for a Misdemeanor tried at Spring Term, 1878,. of Buncombe Superior Court, before Cloud, J. The defendant was indicted in the following words: The jurors &c. present that J. C. Pickens &c. executed to one G~ A. Crooker a chattel mortgage (conveying certain personal' property) to secure the payment of a note &c., and-after the execution of the same, and while it was in force, said Pickens ■did sell and‘dispose of a'part of the property (naming it) embraced in said…
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INDICTMENT for a Misdemeanor tried at Spring Term, 1878,. of Buncombe Superior Court, before Cloud, J. The defendant was indicted in the following words: The jurors &c. present that J. C. Pickens &c. executed to one G~ A. Crooker a chattel mortgage (conveying certain personal' property) to secure the payment of a note &c., and-after the execution of the same, and while it was in force, said Pickens ■did sell and‘dispose of a'part of the property (naming it) embraced in said mortgage, without the consent and against the will of said Crooker, with intent to hinder, delay and •defeat the rights…
1Opinion of the CourtFaircloth, J.
The act of 1873, ’74, ch.‘ 31, makes it a •misdemeanor to “ make any disposition” of any personal property' embraced in a chattel mortgage then in force with intent &c. The bill in this case alleges that defendant did ■“sell and dispose of” such property with intent &c, without .alleging to whom he sold it or in what manner he disposed of it, and on this ground he moves in arrest of judgment. 'The objection is fatal to the action. The statute is in very ibroad terms and probably goes beyond the meaning of the legislature, and it is proper in a criminal proceeding under ■.such a statute that'…
2Cases cited1 opinion
- State v. . StameySupreme Court of North Carolina · 1874
3Cited by13 opinions
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. HelmsSupreme Court of North Carolina · 1958
- State v. BissetteSupreme Court of North Carolina · 1959
- State v. BennettSupreme Court of North Carolina · 1971
- State v. . FarmerSupreme Court of North Carolina · 1889
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