State v. . Faulkner
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at November Term, 1917, of Wayite. Tbis in an indictment under section 3814 of tbe Revisal, tbe charge being that tbe defendant sold cotton and meal containing less than 7% per cent of ammonia.
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Appeal by defendant from Allen, J., at November Term, 1917, of Wayite. Tbis in an indictment under section 3814 of tbe Revisal, tbe charge being that tbe defendant sold cotton and meal containing less than 7% per cent of ammonia. The evidence, wbicb is agreed upon, is in substance as follows: That tbe defendant A. W. Faulkner, who is a duly licensed broker in Golds-boro, Wayne County, North Carolina, sold, as broker, to J. R. Jones, of tbe firm of Jones & Komegay, on 10 October, 1916, 60 tons of prime cottonseed meal, 7% per cent North Carolina tags. That tbe said J. R. Jones bad bought for…
1Opinion of the CourtAlleh, J.
The Attorney-General, representing the State, concedes that the defendant is entitled to a new trial on the case on appeal sent to this Court, to which the solicitor has agreed, but he contends that the ease has not been correctly stated, and he moves for a certiorari directed to the judge before whom the action was tried to settle the case.
In support of the action he files a letter from the judge stating that he does not think the statement of the evidence is correct, but he says in one place: “I cannot remember the facts fully,” and in another, speaking of the evidence, “I cannot remember…
2Cases cited6 opinions
- Barber v. Justice.Supreme Court of North Carolina · 1905
- State v. CameronSupreme Court of North Carolina · 1897
- Hall-Baker Grain Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1912
- Latham v. . FieldSupreme Court of North Carolina · 1912
- Johnson v. . CarsonSupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. . DeeSupreme Court of North Carolina · 1938
- Edwards and Leatherwood v. . McCoySupreme Court of North Carolina · 1934