State v. . Overcash
Supreme Court of North Carolina
Appeal by defendants from Bryson, J., at April Term, 1921, of Oa-BARE.US.' Criminal action. From a perusal of tbe record it appears that at said April Term, 1921, a bill of indictment, No. 78, was submitted to tbe grand jury, charging that tbe defendants, Harvey Overcasb and Arcb Petbel, on 29 January, 1921, did feloniously steal, take, and carry away two thousand yards of cloth of tbe value of two hundred dollars of tbe goods and chattels, etc., of tbe Locke Cotton Mills,…
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Appeal by defendants from Bryson, J., at April Term, 1921, of Oa-BARE.US.' Criminal action. From a perusal of tbe record it appears that at said April Term, 1921, a bill of indictment, No. 78, was submitted to tbe grand jury, charging that tbe defendants, Harvey Overcasb and Arcb Petbel, on 29 January, 1921, did feloniously steal, take, and carry away two thousand yards of cloth of tbe value of two hundred dollars of tbe goods and chattels, etc., of tbe Locke Cotton Mills, and there was also a count in tbe bill for feloniously receiving said property knowing the same bad been stolen. At tbe…
1Opinion of the CourtIIoKE, J.
It is objected to the validity of this conviction that under a bill of indictment charging a larceny as of 29 January, the judge submitted the question of the guilt of these appellants and they have been convicted solely for a larceny as of 15 January, 1921. So far as the bill of indictment is concerned and as a matter of form, unless time is of the essence of the offense, it is fully established that a variance between the allegation as to time and the proof is not material, and that the prosecution, unless it is otherwise required by order of the court, is not restricted to the time named…
2Cases cited3 opinions
- State v. . StroudSupreme Court of North Carolina · 1886
- State v. FoxSupreme Court of North Carolina · 1886
- State v. . Newsom BrindleSupreme Court of North Carolina · 1855
3Cited by8 opinions
- State v. BennettSupreme Court of North Carolina · 1953
- State v. . TrippeSupreme Court of North Carolina · 1943
- State v. . WilliamsSupreme Court of North Carolina · 1941
- State v. . WhitehurstSupreme Court of North Carolina · 1932
- State v. . EppsSupreme Court of North Carolina · 1943
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