State v. . Corbett
Supreme Court of North Carolina
This was an indictment for cheating, tried before bis Honor Judge Bailey, at the Spring Term, 1854, of Bertie Superior Court.
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This was an indictment for cheating, tried before bis Honor Judge Bailey, at the Spring Term, 1854, of Bertie Superior Court. The indictment was as follows: BERTIE COUNTY, Sot., Superior Court of Law, Fall Term, 1852. “ The jurors for the State, upon their oath, present that John Corbett, late of said county, at and in Bertie county aforesaid, on the 10th day of August, in the year 1852, and from thence until the taking of this inquisition, did use and exercise the business and calling of making, putting in barrels, and selling tar, and during that timé did sell the said tar by measure or…
1Opinion of the CourtPearson, J.
We will not decide whether tbe matter charged in tbe indictment constitutes an indictable offence, as tbe question is not presented by tbe facts stated in tbe special verdict; and a decision of that point is consequently not called for.
There is a fatal variance between tbe allegations of tbe indictment and tbe proof. An executed contract is alleged; whereas, tbe proof shows only an executory contract: And tbe fact is, that before tbe contract was executed, tbe fraudulent mixing in of dirt, &c., was discovered, which caused an abandonment of tbe original executory contract, and a new contract…
2Cited by6 opinions
- State v. . GibsonSupreme Court of North Carolina · 1915
- State v. . HarbertSupreme Court of North Carolina · 1923
- State v. . CorpeningSupreme Court of North Carolina · 1926
- State v. McWhirter.Supreme Court of North Carolina · 1906
- State v. . DavisSupreme Court of North Carolina · 1909
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