Legal Opinion

State v. Graham

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 28 opinions

IxdictmbNT for arson, tried before Greene, J., and a jury at July Term, 1897, of Catawba Superior Court. The indictment was as follows : “The State of North Carolina, Catawba County, Superior Court, Spring Term, 1897. The jurors for the State, upon their oath, present: That James L. Graham, late of the county of Catawba, on the 5th day of March, in the year of our Lord one thousand eight hundred and ninety-six, with force and arms, at and in the county aforesaid, unlawfully,…

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IxdictmbNT for arson, tried before Greene, J., and a jury at July Term, 1897, of Catawba Superior Court. The indictment was as follows : “The State of North Carolina, Catawba County, Superior Court, Spring Term, 1897. The jurors for the State, upon their oath, present: That James L. Graham, late of the county of Catawba, on the 5th day of March, in the year of our Lord one thousand eight hundred and ninety-six, with force and arms, at and in the county aforesaid, unlawfully, wantonly, wilfully, maliciously and feloniously did set fire to and burn a dwelling house in the town of Newton, the…

1Opinion of the CourtFaircloth, C. J.

The defendant was indicted for burning a dwelling house, me property of A. J. Beagle and others, trustees of the Presbyterian Church, used at the time of the burning as a dwelling b)r the defendant “as lessee.” There were two counts in the indictment, each concluding against the form of the Statute in such cases made and provided and against- the peace and dignity of the State.

The State introduced evidence to show that the dwelling was burned on the 5th of March, 1896, and that it was at that time the dwelling of the defendant and used by him as lessee of the owners.

The State also offered…

2Cases cited4 opinions

  1. State v. . MurphySupreme Court of North Carolina · 1881
  2. State v. . JeffriesSupreme Court of North Carolina · 1895
  3. State v. . ThompsonSupreme Court of North Carolina · 1887
  4. State v. . AlstonSupreme Court of North Carolina · 1886

3Cited by28 opinions

  1. State v. McClainSupreme Court of North Carolina · 1954
  2. State v. . HarrisSupreme Court of North Carolina · 1943
  3. State v. Adams.Supreme Court of North Carolina · 1905
  4. State v. HarrisSupreme Court of North Carolina · 1943
  5. State v. . SmoakSupreme Court of North Carolina · 1938

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