State v. . Massey
Supreme Court of North Carolina
INDICTMENT, heard before Montgomery, Judge, at Spring-Term, 1887, of LINCOLN Superior Court. The indictment charges in several counts, that the defendant, on the first day of April, 1885, “unlawfully and maliciously and feloniously did set fire to” a certain mill, “ with intent thereby to injure and defraud” certain corporations named in the various counts, “contrary to the form of the statute,” &c.
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INDICTMENT, heard before Montgomery, Judge, at Spring-Term, 1887, of LINCOLN Superior Court. The indictment charges in several counts, that the defendant, on the first day of April, 1885, “unlawfully and maliciously and feloniously did set fire to” a certain mill, “ with intent thereby to injure and defraud” certain corporations named in the various counts, “contrary to the form of the statute,” &c. It is founded either upon the statute (The Code, §985,) or upon it as amended by a subsequent act, (Laws of 1885, ch. 66). The defendant contends that this amendment repealed the material parts of…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). For the reasons we now proceed to state, we are of opinion that the indictment was properly quashed.
The statute (The Code, §985, par. 6) provides, that “who ever shall unlawfully and maliciously set fire to any church, chapel, or meeting-house, or shall unlawfully or maliciously set fire to any stable, coach-house, outhouse, warehouse, office, shop, mill, barn or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same, or any of them respectively shall then be in the possession ef the…
2Cited by31 opinions
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