Legal Opinion

State v. . Lanier

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 8 opinions

INDICTMENT for embezzlement tried at May Term, 1883, of New Hanover Criminal Court, before Meares, J. The bill of indictment is in substance as follows: The jurors, &c., present that Jere Lanier, &c., with force and arms, &c., being then and there employed as a servant of Addie P. Mc-Clammy, by virtue of bis employment, and whilst he rvas so. employed, did receive and take into his possession certain money, to-wit: seven dollars and fifty cents for, and in the name of, and…

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INDICTMENT for embezzlement tried at May Term, 1883, of New Hanover Criminal Court, before Meares, J. The bill of indictment is in substance as follows: The jurors, &c., present that Jere Lanier, &c., with force and arms, &c., being then and there employed as a servant of Addie P. Mc-Clammy, by virtue of bis employment, and whilst he rvas so. employed, did receive and take into his possession certain money, to-wit: seven dollars and fifty cents for, and in the name of, and on account of the said Addie P. McClammy, his mistress and employer, the said Lanier not being an apprentice, nor under…

1Opinion of the CourtAshe, J.

Upon a careful examination of the record, we are unable to discover any ground upon which the judgment should be arrested.

The first ground relied upon by the defendant is without foundation. It was not necessary to state in the indictment the name of the person from whom the money was received. The name of the person from whom the money is received is never set forth in the precedents of indictments for embezzlement. It could, therefore, make no difference whether the money was received from Chadbourn or his servants; but it no where appears in the record that it was received from a servant…

2Cases cited3 opinions

  1. State v. . LanierSupreme Court of North Carolina · 1883
  2. State v. . PerkinsSupreme Court of North Carolina · 1880
  3. Manning v. . ManningSupreme Court of North Carolina · 1878

3Cited by8 opinions

  1. State v. . WhitehurstSupreme Court of North Carolina · 1937
  2. State v. . MaslinSupreme Court of North Carolina · 1928
  3. Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
  4. State v. . HarrisSupreme Court of North Carolina · 1890
  5. State v. WhitehurstSupreme Court of North Carolina · 1937

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