State v. . Daniel
Supreme Court of North Carolina
INDICTMENT, tried at September Term, 1893, of Wake Superior Court, before Shuford, J. The indictment -was as; follows: “The jurors for the State, upon their oaths, present that J. H. Daniel, late of the county of Wake, wickedly devising and intending _ to cheat and defraud, on the 27th day of August, 1893, with force and arms at and in the county aforesaid, unlawfully, knowingly, designedly and feloni-ously did, unto one Mark Barker, falsely pretend that certain medicine,…
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INDICTMENT, tried at September Term, 1893, of Wake Superior Court, before Shuford, J. The indictment -was as; follows: “The jurors for the State, upon their oaths, present that J. H. Daniel, late of the county of Wake, wickedly devising and intending _ to cheat and defraud, on the 27th day of August, 1893, with force and arms at and in the county aforesaid, unlawfully, knowingly, designedly and feloni-ously did, unto one Mark Barker, falsely pretend that certain medicine, to-wit, one ounce thereof in the possession of the said Mark Barker, was too strong to be applied to a sore on the face of…
1Opinion of the CourtMacRaic, J.
(after stating the facts): The recognized rule is that “the false pretense must be of some existing fact in distinction alike from a mere promise or a mere opinion.” 2 Bish. Cr. Law, sec. 429. Among other authorities the author cites the case of State v. Jones, 70 N. C., 75, where the defendant sold a barrel containing chips and dirt covered with turpentine as a barrel of -turpentine. He proceeds at section 450 : “But when we depart from such cases as these and come to those in which it is uncertain whether what seems to be fact is not mere opinion, the difficulties of our present inquiry…
2Cases cited4 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . KennedySupreme Court of North Carolina · 1877
- State v. . HefnerSupreme Court of North Carolina · 1881
- State v. . HolmesSupreme Court of North Carolina · 1880
3Cited by3 opinions
- State v. MatthewsSupreme Court of North Carolina · 1897
- State v. . MangumSupreme Court of North Carolina · 1895
- Commonwealth v. JohnsonSuperior Court of Pennsylvania · 1931