State v. . Skidmore
Supreme Court of North Carolina
This was an indictment, tried before Graves, J., at Fall Term, 1891, of LINCOLN Superior Court. The following is a copy of the bill of indictment: “ The jurors for the State upon their oaths present that S. J. Skidmore, late of Lincoln County, on the 1st day of April, A. D., 1891, with force and arms at and in said county, devising and intending to cheat and defraud one D. F. Abernethy of his goods, moneys, chattels and property, unlawfully, knowingly, designedly did then…
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This was an indictment, tried before Graves, J., at Fall Term, 1891, of LINCOLN Superior Court. The following is a copy of the bill of indictment: “ The jurors for the State upon their oaths present that S. J. Skidmore, late of Lincoln County, on the 1st day of April, A. D., 1891, with force and arms at and in said county, devising and intending to cheat and defraud one D. F. Abernethy of his goods, moneys, chattels and property, unlawfully, knowingly, designedly did then and there falsely pretend to the said D. F. Abernethy, that there was nothing wrong with a certain mule then and there…
1Opinion of the Court
Claric, J.:
The indictment is sufficient in form under the ruling in State v. Burke, 108 N. C., 750, and State v. Dixon, 101 N. C., 741, and cases therein cited.
We apprehend, however, though the ground is not stated, that the learned Judge allowed the motion to quash because the Act of 1891 (ch. 205) makes all-offences which are punishable by death or imprisonment in the penitentiary, felonies, and the word “ feloniously ” is not used. State v. Purdie, 67 N. C., 25. The bill was defective in that particular, but it was error to quash it when an offence of this magnitude was charged. The Court…
2Cases cited5 opinions
- State v. . DixonSupreme Court of North Carolina · 1888
- State v. . KnightSupreme Court of North Carolina · 1881
- State v. . ColbertSupreme Court of North Carolina · 1876
- State v. . BurkeSupreme Court of North Carolina · 1891
- State v. . PurdieSupreme Court of North Carolina · 1872
3Cited by13 opinions
- Baker v. N. & S. RailroadSupreme Court of North Carolina · 1907
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. . CaldwellSupreme Court of North Carolina · 1893
- State v. . LeeSupreme Court of North Carolina · 1894
- State v. Harwell.Supreme Court of North Carolina · 1901
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