Legal Opinion

State v. . Burrows

Supreme Court of North Carolina

Decided December 5, 1850PublishedCited by 6 opinions

Appeal from the Superior Court of Law of Martin County, at the Pall Term 1850, his Honor Judge Bailey presiding. The defendant was tried upon the following indictment : State op Noeth Caeolina, ? Superior Court of Law, Martin County, > Pall Term 1849. The jurors for the State upon their oath present, that Anthony Burrows, late of the County of Martin, on the first day of May, in the year of our Lord one thousand eight hundred and forty nine, with force and arms, at and in…

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Appeal from the Superior Court of Law of Martin County, at the Pall Term 1850, his Honor Judge Bailey presiding. The defendant was tried upon the following indictment : State op Noeth Caeolina, ? Superior Court of Law, Martin County, > Pall Term 1849. The jurors for the State upon their oath present, that Anthony Burrows, late of the County of Martin, on the first day of May, in the year of our Lord one thousand eight hundred and forty nine, with force and arms, at and in the County of Martin aforesaid, unlawfully, knowingly and designedly, a certain forged paper in writing as ¡a true paper…

1Opinion of the Court

Peaksox.J.

The judgment was properly arrested. There are three fatal objections to the indictment, 1st. Land is not included within the operation of the statute. It is true the words are very general: “Money, goods, property, or other things of value,” “or any bank note, check or order for the payment of money. &c.” But they must be construed, with reference to the nature of the offence, the mischief intended to be guarded against, and the particular terms used in connection with the general terms.— Larceny at common law was confined to “goods and chatties,” it did not extend to land, because…

2Cited by6 opinions

  1. State v. . JacksonSupreme Court of North Carolina · 1940
  2. State v. EnoSupreme Court of Iowa · 1906
  3. State v. SchultzSupreme Court of North Carolina · 1978
  4. State v. KlinkenbergWashington Supreme Court · 1913
  5. People v. DeinhardtAppellate Division of the Supreme Court of the State of New York · 1917

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