State v. . Roper
Supreme Court of North Carolina
INDICTMENT tried at Fall Term, 1882, of RICHMOND Superior Court, before Gilmer, J. The indictment charged the defendant with burning an outhouse used as a store-house, in violation of the act of 1874-’75, ch. 228, and is in substance as follows: The jurors, &c., present that Roper (and others) did unlaw-full}'- and maliciously set fire to and burn a certain out-house used as a store-house, being in possession of C. D. Dowd, and the property of John P. Little, with intent…
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INDICTMENT tried at Fall Term, 1882, of RICHMOND Superior Court, before Gilmer, J. The indictment charged the defendant with burning an outhouse used as a store-house, in violation of the act of 1874-’75, ch. 228, and is in substance as follows: The jurors, &c., present that Roper (and others) did unlaw-full}'- and maliciously set fire to and burn a certain out-house used as a store-house, being in possession of C. D. Dowd, and the property of John P. Little, with intent thereby to destroy the same and to injure the said Dowd and Little, against the form of the statute, &c. There was a…
1Opinion of the CourtAshe, J.
There were several exceptions taken on the trial by the defendant to the ruling of the court upon points of evidence, but we deem it needless to consider them, as we are of the opinion that the exception to the indictment was well taken, and the judgment should have been arrested.
The charge in the indictment that the defendant unlawfully and maliciously set fire to an out-house used as a store-house, in possession of Dowd and the property of Little, with intent thereby to destroy the same and injure the said Dowd and Little, shows that the bill was drawn with the intention of charging the…
2Cited by5 opinions
- State v. Rowland Lumber Co.Supreme Court of North Carolina · 1910
- State v. . CallettSupreme Court of North Carolina · 1937
- State v. NipperCourt of Appeals of North Carolina · 2006
- State v. WoodsCourt of Appeals of North Carolina · 1993
- Yow v. StateMississippi Supreme Court · 1934