State v. . Morrison
Supreme Court of North Carolina
IndiCTMBNT for larceny tried at Fall Term, 1881, of Ca-barrus Superior Court, before Avery, J. The indictment contains two counts — one for the larceny of some wheat, and the other for receiving the same wheat, knowing it to be stolen.
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IndiCTMBNT for larceny tried at Fall Term, 1881, of Ca-barrus Superior Court, before Avery, J. The indictment contains two counts — one for the larceny of some wheat, and the other for receiving the same wheat, knowing it to be stolen. After the evidence was in, the defendant’s counsel moved the court to require the solicitor to elect upon which count he would proceed, but his Honor refused the motion, and the defendant excepted, and this was the only exception taken for defendant. After verdict •and judgment against defendant he appealed to this court.
1Opinion of the CourtRuffin, J.
The-common la.w rule is, that if an indictment contains charges distinct in themselves and growing out of separate transactions, the prosecutor may be made to elect, or the court may quash. But when it appears that the several counts relate to one transaction, varied simply to meet the probable proofs, the court will neither quash nor enforce an election. State v. Eason, 70 N. C., 88.
In this case, it is the same wheat which is alleged to have been stolen, and to have been received, so .that there can be no doubt that the two counts relate to the same transaction, and that the charge is…
2Cases cited4 opinions
- State v. . EasonSupreme Court of North Carolina · 1874
- State v. . SpeightSupreme Court of North Carolina · 1873
- State v. . JonesSupreme Court of North Carolina · 1880
- State v. . BakerSupreme Court of North Carolina · 1874
3Cited by14 opinions
- State v. . ParishSupreme Court of North Carolina · 1889
- State v. SpeckmanSupreme Court of North Carolina · 1990
- State v. Burnett.Supreme Court of North Carolina · 1906
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . HarrisSupreme Court of North Carolina · 1890
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