State v. . Wilkerson
Supreme Court of North Carolina
Criminal action, tried before Philips, Judge, at January . Term, 1887, of the Superior Court of Granville County. There was a verdict of guilty, and from the judgment thereon the defendant appealed. The defendant is charged with having obtained from the county authorities of Granville an order for the payment of money by means of false pretences and fraudulent representations, in violation of §1025 of The Code.
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Criminal action, tried before Philips, Judge, at January . Term, 1887, of the Superior Court of Granville County. There was a verdict of guilty, and from the judgment thereon the defendant appealed. The defendant is charged with having obtained from the county authorities of Granville an order for the payment of money by means of false pretences and fraudulent representations, in violation of §1025 of The Code. The indictment consists of two counts, upon the trial of which he was convicted of the second only, and that is in these words: “And the jurors for the State upon their oath do further…
1Opinion of the Court
Smith, C. J.,
(after stating the case). 1. The first exception is to the admission of proof of the contents of the several orders issued to the defendant for the pauper’s support.
The extent of the general rule, which requires the production of a written instrument to prove its contents, and admits of secondary evidence when it is lost or destroyed, is often misconceived. The rule does not apply to eases where the writing comes up on a collateral inquiry and a party is not expected to be prepared to produce it.
Mr. Justice Rodman says, in Pollock v. Andrews, 68 N. C., 50, that “the exceptions…
2Cases cited2 opinions
- Pollock v. . WilcoxSupreme Court of North Carolina · 1873
- Abernathy v. . PhiferSupreme Court of North Carolina · 1881
3Cited by19 opinions
- State v. PorthSupreme Court of North Carolina · 1967
- State v. . StancillSupreme Court of North Carolina · 1919
- State v. . SharpSupreme Court of North Carolina · 1899
- State v. . WaltonSupreme Court of North Carolina · 1894
- State v. RyanWashington Supreme Court · 1904
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