State v. . Lewis
Supreme Court of North Carolina
Appeal by defendant Lewis from Horton, J., at October Term, 1922, of VANCE. Tbe grand jury returned five indictments against tbe defendants.
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Appeal by defendant Lewis from Horton, J., at October Term, 1922, of VANCE. Tbe grand jury returned five indictments against tbe defendants. In tbe first tbey are charged .with tbe larceny of a check for $1,000, tbe property of tbe United States Fire Insurance Company of New York, and receiving the check knowing it to have been stolen; in tbe second and third, with conspiracy to defraud tbe insurance company; in tbe fourth, tbe defendant Lewis is charged with obtaining $1,000 from tbe insurance company by tbe false representation that bis car bad been stolen and tbe defendant Padrick with…
1Opinion of the CourtAdams, J.
On motion of the prosecution, his Honor ordered the consolidation of all the indictments, and the defendant excepted. If the several bills could have been incorporated in a single .indictment as separate counts, there was no sufficient legal objection to the order of consolidation, and in the absence of legal objection the question was addressed to the sound discretion of the court.
Two offenses, it is true, cannot be charged in the same count, for in such case the count would be bad for duplicity (S. v. King, 106 N. C., 683); but, says Archbold, “There is no objection to stating the same…
2Cases cited2 opinions
- State v. . MallettSupreme Court of North Carolina · 1899
- State v. HowardSupreme Court of North Carolina · 1901
3Cited by28 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . HarrisSupreme Court of North Carolina · 1943
- State v. . CombsSupreme Court of North Carolina · 1931
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