Legal Opinion

State v. . Mooney

Supreme Court of North Carolina

Decided May 26, 1917PublishedCited by 7 opinions

INDICTMENT, beard oil motion to quash tbe same before Justice, J., at February Term, 1917, of Rowan. Tbe indictment was as follows: “Tbe jurors for tbe State, upon tbeir oatb, present, that Dave Mooney, late of tbe county of Rowan, on tbe 20tb day of March, A. D. 1916, with force and arms, at and in tbe county aforesaid, willfully, unlawfully, and feloniously, with intent to cheat and defraud, did obtain from W. L. Kluttz goods, wares, and merchandise to tbe amount of $30,…

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INDICTMENT, beard oil motion to quash tbe same before Justice, J., at February Term, 1917, of Rowan. Tbe indictment was as follows: “Tbe jurors for tbe State, upon tbeir oatb, present, that Dave Mooney, late of tbe county of Rowan, on tbe 20tb day of March, A. D. 1916, with force and arms, at and in tbe county aforesaid, willfully, unlawfully, and feloniously, with intent to cheat and defraud, did obtain from W. L. Kluttz goods, wares, and merchandise to tbe amount of $30, asserting at tbe time that be was tbe owner of a chose in action against tbe Southern Railway Company for wages earned by…

1Opinion of the CourtHoKE, J.

Tbe statute on which this bill of indictment is framed, Revisal, sec. 3434, provides as follows: “If any person shall obtain any advances in money, provisions, goods, wares, or merchandise of any description, from any other person or corporation, upon any written representation that the person making the same is the owner of any article of produce, or of any other specific chattel or personal property, which property or the proceeds of which the owner in such representation thereby agrees to apply to the discharge of the debt so created, and the owner shall fail to apply such produce or other…

2Cases cited4 opinions

  1. State v. . LilesSupreme Court of North Carolina · 1878
  2. State v. . StantonSupreme Court of North Carolina · 1841
  3. State v. Torrence.Supreme Court of North Carolina · 1900
  4. State v. . WilliamsSupreme Court of North Carolina · 1909

3Cited by7 opinions

  1. State v. RankinSupreme Court of North Carolina · 2018
  2. State v. . JacksonSupreme Court of North Carolina · 1940
  3. State v. . ColeSupreme Court of North Carolina · 1932
  4. State v. . BallangeeSupreme Court of North Carolina · 1926
  5. State v. . EdwardsSupreme Court of North Carolina · 1925

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