State v. . Harris
Supreme Court of North Carolina
This was an appeal by the State from a judgment'of Armfield, J., at January Term, 1890, of Granville Superior Court, sustaining a demurrer to an indictment.
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This was an appeal by the State from a judgment'of Armfield, J., at January Term, 1890, of Granville Superior Court, sustaining a demurrer to an indictment. The first count in the indictment is as follows: “ That the jurors for the State, upon their oaths, present that, on the first day of January, 1888, at and in the said county of Granville, E. L Harris and W. N. Harris were the agents and employees of the Lord & Polk Company, a corporation created, organized and existing by and under the authority of the laws of the State of Delaware, for the sale of a certain brand of fertilizer, known…
1Opinion of the Court
Clark, J.:
The defendants demur to the indictment as defective for misjoinder, duplicity and insufficiency, in that— .
1. In the 1st, 2d and 5th counts the offence is charged to have been committed by E. L. Harris and W. N. Harris, ■ and these counts are joined with 3d and 4th counts, charging the offence to have been committed E. L. Harris, and this is bad for misjoinder.
2. That each count charges the two separate and distinct offences, larceny and embezzlement, and is bad for duplicity.
3. That the indictment charges several distinct offences.
4. That it is not alleged in what county the…
2Cases cited16 opinions
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. . CooperSupreme Court of North Carolina · 1888
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . KingSupreme Court of North Carolina · 1881
- State v. . EasonSupreme Court of North Carolina · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. CallSupreme Court of North Carolina · 1897
- State v. AndersonSupreme Court of North Carolina · 1935
- State v. WilsonSupreme Court of North Carolina · 1897
- State v. GibsonSupreme Court of North Carolina · 1951
21 more not listed; retrieve them via the Exa API.