State v. . Gibson
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at August Term, 1914, of Rock-INGHAM. Tbe defendant was charged in tbe court below witb obtaining money under false pretenses, upon tbe following indictment: Tbe jurors for tbe State, upon tbeir oatbs, present: Tbat S. A. Gibson, late of tbe county of Rockingham, wickedly and feloniously devising and intending to cheat and defraud "William S. Martin, on tbe 23d day of October, A. D. 1912, witb force and arms at and in tbe county aforesaid,…
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Appeal by defendant from Lyon, J., at August Term, 1914, of Rock-INGHAM. Tbe defendant was charged in tbe court below witb obtaining money under false pretenses, upon tbe following indictment: Tbe jurors for tbe State, upon tbeir oatbs, present: Tbat S. A. Gibson, late of tbe county of Rockingham, wickedly and feloniously devising and intending to cheat and defraud "William S. Martin, on tbe 23d day of October, A. D. 1912, witb force and arms at and in tbe county aforesaid, unlawfully, knowingly, designedly, and feloniously did unto William S. Martin falsely pretend tbat Thomas Knight, T. IT.…
1Opinion of the Court
Walxer, J„
after stating the case: It is an elementary rule in the criminal law that a defendant must be convicted, if at all, of the particular offense alleged in the bill of indictment. He has the constitutional right to be informed of the accusation against him, “by indictment, presentment, or impeachment,” and no person shall be convicted of any crime but by the unanimous verdict of a jury upon the charge so made. Const., Art. I, secs. 11, 12, and 13. -The evidence, therefore, must correspond with the charge and sustain it, at least in substance, before there can be a conviction. The…
2Cases cited14 opinions
- Carr v. StateSupreme Court of Alabama · 1893
- Commonwealth v. HoweMassachusetts Supreme Judicial Court · 1882
- State v. . ReeseSupreme Court of North Carolina · 1880
- Morris v. . PearsonSupreme Court of North Carolina · 1878
- State v. McWhirter.Supreme Court of North Carolina · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- State v. . SmithSupreme Court of North Carolina · 1942
- State v. . JacksonSupreme Court of North Carolina · 1940
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- State v. SmithSupreme Court of North Carolina · 1942
39 more not listed; retrieve them via the Exa API.