State v. . Jones
Supreme Court of North Carolina
’ IndictmeNt for .a Misdemeanor tried at Spring Term, 1880, of Camden Superior Court, before Graves, J. • Upon the facts found by the special verdict, the court 'held that.defendant was not guilty, and the solicitor for the state appealed. The decision of this court being upon the ■question of jurisdiction, a statement of the facts found by the special verdict'is unnecessary.
1Opinion of the CourtSmith, C. J.
The defendant is charged with violating the act of 1874-75, ch. 215, in disposing of part of his crop embraced in a chattel mortgage with intent to defraud the mortgagee-creditor, and on the trial the jury rendered a special verdict. The court being of opinion that the facts found do not constitute the criminal offence imputed and that the defendant was not guilty, so adjudged and the solicitor appealed.
The judgment of the court is sustained in the argument for the defendant upon several grounds :
1.. The verdict fails to find the intent to defraud, which under the statute is a constituent…
2Cases cited2 opinions
- State v. . UpchurchSupreme Court of North Carolina · 1875
- State v. . EdneySupreme Court of North Carolina · 1879
3Cited by1 opinion
- State v. WilkesSupreme Court of North Carolina · 1951