State v. . Simons
Supreme Court of North Carolina
INDICTMENT, (for Larceny,) tried at the Fall Term, 1873, of Riohmond Superior Court, to which it had been removed from Anson Superior Court, before his Honor, Judge Buxton. The defendant was charged in the following indictment: “ The jurors for the State upon their oath present, that Ed.
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INDICTMENT, (for Larceny,) tried at the Fall Term, 1873, of Riohmond Superior Court, to which it had been removed from Anson Superior Court, before his Honor, Judge Buxton. The defendant was charged in the following indictment: “ The jurors for the State upon their oath present, that Ed. Simons, a person of color, late of the county of Anson, on,the 1st day of January, 1873, with force and arms, at and in the county aforesaid, one hundred pounds of cotton, of the value of five dollars, of the goods and chattels of L. H. Covington, one hundred pounds of cotton of the value of five dollars of…
1Opinion of the CourtPearsoN, C. J.
“ It is safest to follow the beaten path.” According to the established forms, this indictment would have contained two distinct counts, one charging the cotton to bo the property of Covington, the other charging the cotton to be the property of Gatewood. This mode of allegation would fit the proofs, whether the cotton, upon the evidence, turned out to be the property either of Covington or of Gatewood.
It is evident, on the face of this indictment that it contains ¡but one count. This departure from “ the beaten path,” gives srise to the questions presented by the record.
1st. Supposing the…
2Cited by8 opinions
- State v. Burnett.Supreme Court of North Carolina · 1906
- State v. . CooperSupreme Court of North Carolina · 1888
- State v. . JarrettSupreme Court of North Carolina · 1925
- State v. . HartSupreme Court of North Carolina · 1895
- State v. FronebergerCourt of Appeals of North Carolina · 1986
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