State v. . Edwards
Supreme Court of North Carolina
INDICTMENT for burning an uninhabited house tried at January Term, 1884, of CUMBERLAND Superior Court, before dlaePute, J. The indictment was found at fall tern:, 1883, and is in substance as follows: The jurors, &c., present that the defendant, &c., did unlawfully, wilfully, maliciously and feloniously set-lire to and burn a certain uninhabited house, the property of J. C. Blocker, with intent to destroy said house and to injure said Blocker, contrary, &c.
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INDICTMENT for burning an uninhabited house tried at January Term, 1884, of CUMBERLAND Superior Court, before dlaePute, J. The indictment was found at fall tern:, 1883, and is in substance as follows: The jurors, &c., present that the defendant, &c., did unlawfully, wilfully, maliciously and feloniously set-lire to and burn a certain uninhabited house, the property of J. C. Blocker, with intent to destroy said house and to injure said Blocker, contrary, &c. The jury- returned a verdict- of guilty, and the defendant-moved in arrest of judgment, which motion was sustained and the state…
1Opinion of the CourtAsiie, J.
The defendant is indicted for burning an uninhabited house, which by statute is made a misdemeanor (Bat. Rev.,' ch. 32, §93), and the defendant moved to arrest judgment upon the ground that the offence, being only a misdemeanor, is charged to have'been done “ feloniously,” and that the indictment was therefore defective. But this court has repeatedly held that the use of the term “feloniously” in an indictment for a misdemeanor does not raise the grade of the offence, and the word is to be treated as surplusage : that calling a misdemeanor a felony does not make it one. State v. Slagle, 82 N.…
2Cases cited2 opinions
- State v. . SlagleSupreme Court of North Carolina · 1880
- State v. . StatonSupreme Court of North Carolina · 1883
3Cited by8 opinions
- State v. HigginsSupreme Court of North Carolina · 1966
- State v. Shine.Supreme Court of North Carolina · 1908
- State v. . HobbsSupreme Court of North Carolina · 1939
- State v. Southern Railway Co.Supreme Court of North Carolina · 1898
- State v. . R. R.Supreme Court of North Carolina · 1898
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