State v. . Walker
Supreme Court of North Carolina
Indictment for misdemeanor in removing crop without leave, tried at Fall Term, 1882, of Transylvania Superior Court, before Shepherd, J. The indictment upon which the defendant was tried is as follows; The jurors for the state present that on the 24th of April in the year of our Lord one thousand eight hundred and eighty-one, at and in the county of Transylvania aforesaid, by contract between them, one W. S. Ashworth demised to J. R. Walker, late of said county, for…
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Indictment for misdemeanor in removing crop without leave, tried at Fall Term, 1882, of Transylvania Superior Court, before Shepherd, J. The indictment upon which the defendant was tried is as follows; The jurors for the state present that on the 24th of April in the year of our Lord one thousand eight hundred and eighty-one, at and in the county of Transylvania aforesaid, by contract between them, one W. S. Ashworth demised to J. R. Walker, late of said county, for agricultural purposes, a certain messuage and parcel of land there situate, to have and to hold the same, to the said J. R.…
1Opinion of the CourtAshe, J.
The only exceptions taken by the defendant were.to the form of the indictment, and were made the grounds of his motion in arrest of judgment.
The first ground is without any foundation. A judgment is never arrested except for some substantial defect appearing upon the face of the indictment.
The name, of Gash is not mentioned in the bill. There is nothing in it to show that any one by the name of Gash was the owner in fee, or had any interest whatever in the land. If there was anything in the objection, it should have been taken before the jury. The bill states with sufficient certainty that…
2Cases cited1 opinion
- State v. . RinehartSupreme Court of North Carolina · 1876
3Cited by8 opinions
- State v. CochranSupreme Court of North Carolina · 1949
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. . CraigeSupreme Court of North Carolina · 1883
- State v. . EfirdSupreme Court of North Carolina · 1923
- State v. . RatliffSupreme Court of North Carolina · 1915
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