Legal Opinion

State v. . Chisenhall

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 15 opinions

This was a CRIMINAL ACTION, tried before Arm field, J., at Spring Term, 1890, of Durham: Superior Court, upon an indictment for abduction. ' -Martha Chisenhall, a witness for the State, being sworn, testified as follows: “ I am the mother of the defendant, and also of Eloise Chisenhall. Eloise lived with me and my husband in the town of Durham. She left my house last Sunday evening abput 2 o’clock with the defendant and Mary Douglas.

Read the full summary

This was a CRIMINAL ACTION, tried before Arm field, J., at Spring Term, 1890, of Durham: Superior Court, upon an indictment for abduction. ' -Martha Chisenhall, a witness for the State, being sworn, testified as follows: “ I am the mother of the defendant, and also of Eloise Chisenhall. Eloise lived with me and my husband in the town of Durham. She left my house last Sunday evening abput 2 o’clock with the defendant and Mary Douglas. Carrie, the defendant, did not live with me. I went in about two hours to Carrie’s house, and found the door locked. I then went to Mag Bush’s porch.' The…

1Opinion of the Court

Siikpheed, J.:

The statute {The Code, §973) under which the defendant is indicted is different from the English and some of the American enactments upon the subject, in that fraud and force are not necessarily constituent elements of the offence, and it is silent as to the taking being against the consent of the parent or other custodian of the child. Many of the refinements of construction to be found in the text-books, illustrated by the various decisions, have, therefore, but little application to the case before us. “Our statute” (says Ashe, J., in State v. George, 93 N. C., 567) “is broad…

2Cases cited3 opinions

  1. State v. GeorgeSupreme Court of North Carolina · 1885
  2. Cadwell v. StateSupreme Court of Connecticut · 1846
  3. State v. . WilliamsSupreme Court of North Carolina · 1884

3Cited by15 opinions

  1. State v. WeldonSupreme Court of North Carolina · 1985
  2. King v. HansonNorth Dakota Supreme Court · 1904
  3. Howell v. HowellSupreme Court of North Carolina · 1913
  4. State v. McLeanSupreme Court of North Carolina · 1897
  5. Howell v. . HowellSupreme Court of North Carolina · 1913

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API