State v. . Lyerly
Supreme Court of North Carolina
This was an indictment against the defendant and one Jane May, for fornication and adultery, tried before Heatii, J., at tlie last Pali Term of Bowan Superior Court.
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This was an indictment against the defendant and one Jane May, for fornication and adultery, tried before Heatii, J., at tlie last Pali Term of Bowan Superior Court. The bill of indictment was in these words: “State of North Carolina, 1 Rowan County. [ The jurors for the State upon their oath present, that George M. Lyerly, (a male) late of said county of Rowan, and Jane, May, (a female) late of said county of Rowan, on the first day of January, in the year of our Lord, eighteen hundred and fifty-nine, and on divers other days and times, both before and after that day, with force and arms, in…
1Opinion of the CourtManly, J.
Two grounds are alleged in support of the motion to arrest. Eirst, that the offense defined by the Code, is not charged, in the bill with the required certainty. Secondly, that there has been a general verdict of guilty, the other defendant not being on trial or taken.
The degree of certainty required in an indictment is declared to be “ certainty to a certain intent in general;” Co. Lit. 303, a.
This is further explained thus, “that every thing which the pleader should have stated, and which is not either expressly alleged, or by necessary implication included in what is al leged, must be…
2Cited by1 opinion
- State v. . BrittSupreme Court of North Carolina · 1909