Legal Opinion

State v. . Fitzgerald

Supreme Court of North Carolina

Decided December 5, 1835PublishedCited by 8 opinions

The defendant was convicted at Macon, on the last Circuit, before his Honor Judge Martin, upon the following indictment, to wit.

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The defendant was convicted at Macon, on the last Circuit, before his Honor Judge Martin, upon the following indictment, to wit. “The Jurors for the state, upon their oaths present, that Samuel Fitzgerald, late of, &c., on the first day of April, in the year of, &c., then and there being constable of the county aforesaid, by virtue of which office of constable he, the said Samuel Fitzgerald, had levied various executions on the property of one Purnel Wrathbone, in the county aforesaid, did then and there unlawfully pretend to the said Purnel Wrathbone, and one William Wrathbone, that a…

1Opinion of the Court

Gaston, Judge.

— The indictment in this case charges, that the defendant having, as a constable, levied certain executions on the property of the prosecutor, did falsely pretend, that a certain paper writing by him presented to the prosecutor and William Wrathbone, was a bond for the delivery of property of the prosecutor theretofore levied on ; when in truth and in fact, the same was not a bond for the delivery of the said property, but a promis sory note for the sum of twenty-six dollars and thirty-seven and a half cents; by means of which false affirmation, the defendant did unlawfully…

2Cited by8 opinions

  1. State v. CroninSupreme Court of North Carolina · 1980
  2. State v. . WhedbeeSupreme Court of North Carolina · 1910
  3. State v. WhedbeeSupreme Court of North Carolina · 1910
  4. Lee v. . GilesSupreme Court of North Carolina · 1913
  5. People v. GriesheimerCalifornia Supreme Court · 1917

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