State v. . Keeter
Supreme Court of North Carolina
Indictment for Forgery tried at Fall Term, 1878, of Henderson Superior Court, before Avery, J. The record states that the bill charged that defendants did feloniously and falsely make, forge and counterfeit and caused to be^ falsely made, &c., a certain order as follows: “ Mr. Jackson Barnett — Please let young lady have the amount of 30.0 and charge the same to me.
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Indictment for Forgery tried at Fall Term, 1878, of Henderson Superior Court, before Avery, J. The record states that the bill charged that defendants did feloniously and falsely make, forge and counterfeit and caused to be^ falsely made, &c., a certain order as follows: “ Mr. Jackson Barnett — Please let young lady have the amount of 30.0 and charge the same to me. John Sexton."1 And in the second count the defendants were charged with, uttering and publishing the said forged order, with intent to defraud, &c.' The jury found the defendants guilty, the verdict was set aside, and solicitor…
1Opinion of the CourtSjiith, C. J.
The defendants are charged in the first count with the forging, and in the second count with uttering and publishing the forged instrument described in the bill, and upon their trial were both found guilty. The record shows that the verdict was setasideand from this order the solicitor appealed. The case accompanying the record states that the judgment was arrested and from this the appeal is taken for the state. Where there is a repugnancy between the record and the case stated, the record will control. Farmer v. Willard, 75 N. C., 401.
As there has been no final adjudication, an appeal does…
2Cases cited2 opinions
- State v. . WisemanSupreme Court of North Carolina · 1873
- Farmer v. . WillardSupreme Court of North Carolina · 1876
3Cited by21 opinions
- State v. . Van DoranSupreme Court of North Carolina · 1891
- Privette v. PrivetteSupreme Court of North Carolina · 1949
- Moore v. . MooreSupreme Court of North Carolina · 1923
- Finlayson v. American Accident Co. of LouisvilleSupreme Court of North Carolina · 1891
- Garmire v. StateIndiana Supreme Court · 1886
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