State v. . Wilbourne
Supreme Court of North Carolina
Indictment for false pretence, tried at October Term, 1882, of New Hanover Criminal Court, before Meares, J. The defendant was tried upon a charge of obtaining goods under false pretenses. The proofs were, that the defendant came to the city of Wilmington, a stranger, and soon thereafter made the acquaintance of the prosecutor, one Amey, to whom he represented that he had come directly from New York by railway, but that a brother of his was coming by water.
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Indictment for false pretence, tried at October Term, 1882, of New Hanover Criminal Court, before Meares, J. The defendant was tried upon a charge of obtaining goods under false pretenses. The proofs were, that the defendant came to the city of Wilmington, a stranger, and soon thereafter made the acquaintance of the prosecutor, one Amey, to whom he represented that he had come directly from New York by railway, but that a brother of his was coming by water. That he was a member of a commercial house, dealers in cotton in Liverpool, England, which had sent out another agent to purchase cotton,…
1Opinion of the CourtRuffin, J.
It is conceded to be necessary in order to-complete the charge against the defendant, that the bill of indictment should contain an averment to the effect that he-did not own the bonds in question, or have them in hi-s possession, as he pretended to the prosecutor, and upon the strength of which- pretence he obtained- the prosecutor’s-money.-
The only question then is, as to the burden of proof, whether it rested with the state to prove this negative averment, or whether as the judge instructed-the jury it was so-shifted, under the circumstances of the case, as to make it incumbent upon the…
2Cases cited1 opinion
- State v. . McDanielSupreme Court of North Carolina · 1881
3Cited by17 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. . FalknerSupreme Court of North Carolina · 1921
- State v. ConnorSupreme Court of North Carolina · 1906
- State v. FalknerSupreme Court of North Carolina · 1921
- State v. . ConnorSupreme Court of North Carolina · 1906
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