State v. . Lambeth
Supreme Court of North Carolina
INDICTMENT for False Pretence tried at Fall Term, 1878, of Robeson Superior Court, before Buxton, J. The bill of indictment was substantially as follows : “The' jurors, &c., present the J. A. Lambeth did designedly, &c., pretend to one A. S. Baker, that a certain horse which he," Lambeth, offered to trade and did trade to said Baker, was all right; whereas in truth and in fact the said horse was not all right, but diseased to such an extent as to render him almost entirely…
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INDICTMENT for False Pretence tried at Fall Term, 1878, of Robeson Superior Court, before Buxton, J. The bill of indictment was substantially as follows : “The' jurors, &c., present the J. A. Lambeth did designedly, &c., pretend to one A. S. Baker, that a certain horse which he," Lambeth, offered to trade and did trade to said Baker, was all right; whereas in truth and in fact the said horse was not all right, but diseased to such an extent as to render him almost entirely worthless, he the said Lambeth well knowing the statement to be false, by which said false pretence he did unlawfully,…
1Opinion of the CourtAshe, J.
Every indictment must be certain to a general intent: It must state all the facts and circumstances which constitute the offence with such certainty and precision that the defendant may be enabled to see whether they constitute an indictable offence. The object of all indictments is to inform the prisoner with what he is charged, as well to enable him to make his defence as to protect him from another prosecution-for the same criminal act. It'should therefore be reasonably specific and certain in all its material aver-ments. State v. Hill, 79 N. C., 656 ; Whar. Crim. Law.
The false pretence…
2Cases cited3 opinions
- State v. . HillSupreme Court of North Carolina · 1878
- State v. . YoungSupreme Court of North Carolina · 1877
- State v. JonesSupreme Court of North Carolina · 1874
3Cited by5 opinions
- State v. . CarlsonSupreme Court of North Carolina · 1916
- State v. CarlsonSupreme Court of North Carolina · 1916
- State v. . HolmesSupreme Court of North Carolina · 1880
- State v. . JonesSupreme Court of North Carolina · 1874
- State v. TrislerOhio Supreme Court · 1892