State v. . Holmes
Supreme Court of North Carolina
INDICTMENT for obtaining goods by False Pretences, tried at October Term, 1879, of New Hanovee Criminal Court, before Meares, J. The bill of indictment is as follows: The jurors for the state upon their oaths present that Francis Holmes, late of the county of New Hanover, with force and arms at and in said county, on the first day of January, A. D. 1879, did designedly, unlawfully and falsely pretend to -one Remus Thomas, that a certain horse then in his possession was…
Read the full summary
INDICTMENT for obtaining goods by False Pretences, tried at October Term, 1879, of New Hanovee Criminal Court, before Meares, J. The bill of indictment is as follows: The jurors for the state upon their oaths present that Francis Holmes, late of the county of New Hanover, with force and arms at and in said county, on the first day of January, A. D. 1879, did designedly, unlawfully and falsely pretend to -one Remus Thomas, that a certain horse then in his possession was ■sound and healthy, and that there was nothing the matter with him, whereas in truth and in fact the said horse was not sound…
1Opinion of the CourtAshe, J.
It is unnecessary for us to consider the question of new trial as we are of the opinion that there was error in the ruling of- the court below on the motion in arrest of judgment.
The defendant is indicted under section 67, chapter 32, Battle’s Revisal. There have been a good many cases decided by this court of indictments under that section, and while there has been some differences in the interpretations given to it, the court seems to have settled down upon the case of the State v. Phifer, 65 N. C., 321, as giving the true construction of what is meant by false pretenses. In that case…
2Cases cited5 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . YoungSupreme Court of North Carolina · 1877
- State v. . LambethSupreme Court of North Carolina · 1879
- State v. JonesSupreme Court of North Carolina · 1874
- State v. . KingSupreme Court of North Carolina · 1876
3Cited by3 opinions
- State v. . FarmerSupreme Court of North Carolina · 1889
- State v. . MangumSupreme Court of North Carolina · 1895
- State v. . DanielSupreme Court of North Carolina · 1894