State v. . Chaney Wise
Supreme Court of North Carolina
This was an indictment for arson, tried before Clarke, Judge, at Fall Term 1871, of Craven Superior Court. The following is a copy oí the indictment: “ NORt Superior Court, Craven County Fall Term, 1871. The jurors for the State, upon their oath, present, that-Chaney Wise, late of Craven county, not having the fear of God before bis eyes, but being moved and seduced by the instigation of the devil, on the first day of January, in the year A. D., 1871, with force' and arms,…
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This was an indictment for arson, tried before Clarke, Judge, at Fall Term 1871, of Craven Superior Court. The following is a copy oí the indictment: “ NORt Superior Court, Craven County Fall Term, 1871. The jurors for the State, upon their oath, present, that-Chaney Wise, late of Craven county, not having the fear of God before bis eyes, but being moved and seduced by the instigation of the devil, on the first day of January, in the year A. D., 1871, with force' and arms, at and in, said county, feloniously, unlawfully, wilfully and maliciously, did set fire to and burn a certain dwelling…
1Opinion of the CourtPeaesoN, C. J.
When time, is not oí the essence of the offence, and there is but one statute applicable to the matter; although the statute be recent, or, although it be recent, and is not to take effect until after a specified day, the indictment need not aver that the offence was committed after the statute went into operation, for the averment, that the act was done, against the form of the statute, and this averment being found by the verdict, which is a part of the record, makes it manifest to the Court, that the fact was done so as to be criminal, within the statute; that is to say, it was committed…
2Cited by22 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- State v. . FlemingSupreme Court of North Carolina · 1890
- Howard v. StateAlabama Court of Appeals · 1920
- State v. . JohnsonSupreme Court of North Carolina · 1876
- State v. SammonsIndiana Supreme Court · 1884
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