Legal Opinion

State v. Ellsworth

Supreme Court of North Carolina

Decided May 20, 1902PublishedCited by 12 opinions

INDICTMENT against George Ellsworth and J. H. Traynor, heard by Judge Walter E. Neal and a jury, at September Term, 1901, of tbe Superior Court of Anson County. E’rom a verdict of guilty as to both defendants and judgment thereon, they appealed.

1Opinion of the CourtClark, J.

Tbe defendants were indicted under Section 996 of Tbe Code in tbe following bill of indictment: “* * * That tbe defendants did unlawfully, wilfully and feloniously break and enter tbe store-bouse of M. H. Lowery and others, doing business as M. IT. Lowery & Co., tben and there situate, and in which said bouse there was at tbe time money, meal, flour, meat, dry goods and other personal property, in tbe night time, and with intent, unlawfully, wilfully and feloni-ously to commit tbe crime of larceny,” etc. Tbe defendants moved to quash, and also in arrest of judgment, because tbe intent “to…

2Cases cited3 opinions

  1. Wilson v. Branning Manufacturing Co.Supreme Court of North Carolina · 1897
  2. State v. AppleSupreme Court of North Carolina · 1897
  3. State v. . TytusSupreme Court of North Carolina · 1887

3Cited by12 opinions

  1. State v. . AllenSupreme Court of North Carolina · 1923
  2. State v. . NewsomeSupreme Court of North Carolina · 1928
  3. State v. Ellsworth.Supreme Court of North Carolina · 1902
  4. State v. . ShufordSupreme Court of North Carolina · 1910
  5. Crenshaw v. . JohnsonSupreme Court of North Carolina · 1897

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