State v. . Shaw
Supreme Court of North Carolina
INDICTMENT for perjury, tried before Robinson, J., and a jury, at July Term, 1895, of Columbus Superior Court. The defendant was convicted and moved in arrest of judgment because the bill did not charge the offence to have been feloniously committed.
Read the full summary
INDICTMENT for perjury, tried before Robinson, J., and a jury, at July Term, 1895, of Columbus Superior Court. The defendant was convicted and moved in arrest of judgment because the bill did not charge the offence to have been feloniously committed. The indictment was as follows : “The jurors for the State upon their oaths present that James Shaw, of Columbus county, did unlawfully commit perjury upon the trial of an action in justice’s court before A. E. Toon, a justice of the peace in Columbus county and Whiteville township, wherein the State of North Carolina was plaintiff,, and-James…
1Opinion of the Court
Avery, J. :
Since all criminal offences punishable with death or imprisonment in a State prison were by statute (Laws 1891, Oh. 205) declared Monies, indictments wherein there has been a failure to use the word “feloniously” as characterizing the charge in the latter class of eases, have been declared fatally defective. State v. Wilson, 116 N. C., 979; State v. Skidmore, 109 N. C., 795.
Whatever force there might be in the suggestion of the Attorney General that Section 1189 of The Gode renders it unnecessary to embody, in the charge what it is not material to prove, if it had been made before…
2Cases cited2 opinions
- State v. . SkidmoreSupreme Court of North Carolina · 1891
- State v. . WilsonSupreme Court of North Carolina · 1895
3Cited by4 opinions
- State v. . HolderSupreme Court of North Carolina · 1910
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. . HarrisSupreme Court of North Carolina · 1907
- State v. . BrinkleySupreme Court of North Carolina · 1926