State v. . Gibson
Supreme Court of North Carolina
Appeal by defendant from Cline, J., at August Term, 1915, of Rock-INOHAM. Criminal action. The defendant was indicted for obtaining a note by false pretense. "When- the case was here before (169 N. 0., 326) the indictment was for obtaining money by the false pretense, while the evidence showed that it was not money but the note that had thus been procured, and holding that there was a material variance, as will appear from a reading of the ease, we directed a nonsuit.
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Appeal by defendant from Cline, J., at August Term, 1915, of Rock-INOHAM. Criminal action. The defendant was indicted for obtaining a note by false pretense. "When- the case was here before (169 N. 0., 326) the indictment was for obtaining money by the false pretense, while the evidence showed that it was not money but the note that had thus been procured, and holding that there was a material variance, as will appear from a reading of the ease, we directed a nonsuit. At May Term, 1915, the solicitor sent another bill, upon which the defendant was convicted, and from the judgment he has…
1Opinion of the Court
Walker, I.,
after stating the case: The defendant has set up as a defense in this case that by the former trial he was once put in jeopardy, and, therefore, that he cannot be tried again, and is entitled to his discharge. He filed a plea in abatement, which, if the proper method by which to avail himself of former acquittal or former jeopardy, was properly overruled, as also was his motion in arrest of judgment. Whether there has been former jeopardy must be determined by the evidence, except, perhaps, in certain excepted cases, and this is not one of them. But defendant has presented the…
2Cases cited2 opinions
- State v. . AshfordSupreme Court of North Carolina · 1897
- State v. . FousheeSupreme Court of North Carolina · 1895
3Cited by23 opinions
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. . MalpassSupreme Court of North Carolina · 1925
- State v. . HarbertSupreme Court of North Carolina · 1923
- State v. . MidgettSupreme Court of North Carolina · 1938
- State v. . WhitleySupreme Court of North Carolina · 1935
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