Legal Opinion

State v. . Edens

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 13 opinions

INDICTMENT, tried before Meares, Judge, and a jury, at September Term, 1886, of New HaNOVek Criminal Court. The defendant was tried at the September Term, 1886, oí the Criminal Court of New Hanover county, upon the charge of slandering the character of an innocent woman in violation of §1113 of The Code.

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INDICTMENT, tried before Meares, Judge, and a jury, at September Term, 1886, of New HaNOVek Criminal Court. The defendant was tried at the September Term, 1886, oí the Criminal Court of New Hanover county, upon the charge of slandering the character of an innocent woman in violation of §1113 of The Code. The indictment was in the following form: “The jurors for the State, upon their oath, present that J. T. Edens, on the first day of April, 1886, at and in the county aforesaid, attempting wantonly and maliciously to injure and destroy the reputation of one Addie Edens, being an innocent and…

1Opinion of the Court

Smith, 0. J.

(after stating the facts). We do not find it necessary to pass upon the form of the indictment and the effect of its omission to state slanderous language imputed, or to aver that it was uttered in'the hearing and presence oí any one, both of which are required to be averred in a complaint in a civil action, since we propose to dispose of the appeal upon the ruling to which the first exception is taken, with the remark that similar forms of indictment have been heretofore before the Court and acted on without objection for these alleged defects. State v. McDaniel, 84 N. C., 803;…

2Cases cited3 opinions

  1. Manning v. . ManningSupreme Court of North Carolina · 1878
  2. State v. . McDanielSupreme Court of North Carolina · 1881
  3. State v. . AldridgeSupreme Court of North Carolina · 1882

3Cited by13 opinions

  1. Virmani v. Presbyterian Health Services Corp.Supreme Court of North Carolina · 1999
  2. Crowell v. . CrowellSupreme Court of North Carolina · 1920
  3. Crowell v. CrowellSupreme Court of North Carolina · 1920
  4. State v. . LewisSupreme Court of North Carolina · 1890
  5. State v. FultonSupreme Court of North Carolina · 1908

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