State v. Claudius
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at May Term, 1913, of BUNCOMBE. Tbe defendant was convicted of tbe crime of false pretense, upon tbe following, bill of indictment: “Tbe jurors for tbe State, upon tbeir oatb, present, that H. F. Claudius, late of tbe county of Buncombe, on tbe first day of October, in tbe year of our Lord 1912, witb force and arms, at and in tbe county aforesaid, unlawfully and knowingly devising and intending to cheat and defraud, did tben and there…
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Appeal by defendant from Adams, J., at May Term, 1913, of BUNCOMBE. Tbe defendant was convicted of tbe crime of false pretense, upon tbe following, bill of indictment: “Tbe jurors for tbe State, upon tbeir oatb, present, that H. F. Claudius, late of tbe county of Buncombe, on tbe first day of October, in tbe year of our Lord 1912, witb force and arms, at and in tbe county aforesaid, unlawfully and knowingly devising and intending to cheat and defraud, did tben and there unlawfully, knowingly and designedly, falsely and feloniously state, pretend, and represent to one Frederick Rutledge that…
1Opinion of the CourtAlleN, J.
We have given due consideration to tbe zealous and learned argument of counsel for defendant in behalf of bis client, but we find no error in tbe record.
Tbe first objection to tbe indictment, that tbe word “fraudulently” is not used in connection with tbe words “designedly, falsely, and feloniously,” is met by tbe statute (Eevisal, sec. 3432), which says: “That it shall be sufficient in any indictment for obtaining or attempting to obtain any such property by false pretenses to allege that tbe party accused did tbe act with intent to defraud, without alleging an intent to defraud any…
2Cases cited1 opinion
- State v. WhedbeeSupreme Court of North Carolina · 1910
3Cited by11 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- State v. . DavenportSupreme Court of North Carolina · 1947
- State v. DavenportSupreme Court of North Carolina · 1947
- State v. . HowleySupreme Court of North Carolina · 1941
- State v. HowleySupreme Court of North Carolina · 1941
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