State v. . Brady
Supreme Court of North Carolina
Appeal by defendant from Shaw, Jat the December Criminal Term, 1918, of Gtulfobd. The defendant was convicted on the following indictment: “The jurors for the State, upon their oath, present that Charles R. Brady, late of the county of Guilford, on the twelfth day of January, in the year of our Lord one thousand nine hundred and eighteen, with force and arms, at and in the county aforesaid, did unlawfully, wilfully, and feloniously prescribe for one Polly St. Clair, she…
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Appeal by defendant from Shaw, Jat the December Criminal Term, 1918, of Gtulfobd. The defendant was convicted on the following indictment: “The jurors for the State, upon their oath, present that Charles R. Brady, late of the county of Guilford, on the twelfth day of January, in the year of our Lord one thousand nine hundred and eighteen, with force and arms, at and in the county aforesaid, did unlawfully, wilfully, and feloniously prescribe for one Polly St. Clair, she being pregnant or quick with child, to the knowledge of the said Charles R. Brady, certain medicine, drugs, or some…
1Opinion of the Court
Allen, J.'
The defendant concedes that the first part of the indict ment, charging him with prescribing, is good, and he does not question the correctness of the principle that when there are two or more counts in an indictment, some good and others defective, that a general verdict of guilty will be upheld (S. v. Klingman, 172 N. C., 950), but he insists that there is no evidence that he prescribed, medicine, etc., and as the procuring and advising are not properly charged, that the judgment ought to be arrested.
The' difficulty with this position is that “the judgment in a criminal…
2Cases cited2 opinions
- State v. . CraigeSupreme Court of North Carolina · 1883
- State v. . HawkinsSupreme Court of North Carolina · 1911
3Cited by4 opinions
- State v. . MorganSupreme Court of North Carolina · 1946
- State v. GastonSupreme Court of North Carolina · 1952
- State v. . AndersonSupreme Court of North Carolina · 1929
- State v. . PowellSupreme Court of North Carolina · 1921