State v. . Purdie
Supreme Court of North Carolina
Indictment for burning a barn containing grain, tried at Spring Term, 1872, of Bladen Superior Court, before Russell, J. The indictment charged that the defendants, “ on the 23d day of July, A. D., 1871, with force and arms, at and in the county of Bladen aforesaid, unlawfully ancl willfully did set fire to and burn a barn, the property of” &c., “the same at the time of the burning thereof having grain in it ” &c. Verdict of guilty.
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Indictment for burning a barn containing grain, tried at Spring Term, 1872, of Bladen Superior Court, before Russell, J. The indictment charged that the defendants, “ on the 23d day of July, A. D., 1871, with force and arms, at and in the county of Bladen aforesaid, unlawfully ancl willfully did set fire to and burn a barn, the property of” &c., “the same at the time of the burning thereof having grain in it ” &c. Verdict of guilty. Motion in arrest of judgment by defendants, because the burning was not charged to have been done feloniously. Motion allowed and appeal by the Solicitor.
1Opinion of the CourtBoybEN, J.
There is no error. This case is governed by .the case of the State v. Jesse, 2, Dev. & Bat., 297.
In that case Chief Justice Ruffin says that the office of the term felonioxosly is to describe the offence. It denotes, at the instant of the. doing of an act, the disposition of the accused in doing it, which constitutes the guilty will that renders the person criminal. It is therefore one of the constituents of the offence. The Chief Justice further says, “ It is necessary for another purpose, which is distinctly and immediately to apprize the Court of the degree of punishment that may be…
2Cited by7 opinions
- State v. . SkidmoreSupreme Court of North Carolina · 1891
- State v. . CaldwellSupreme Court of North Carolina · 1893
- State v. . RogersSupreme Court of North Carolina · 1914
- State v. . BuntingSupreme Court of North Carolina · 1896
- State v. . RuckerSupreme Court of North Carolina · 1873
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