Legal Opinion

State v. . Weaver

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 2 opinions

INDICTMENT, for forgery, tried before Gilmer, Judge, and a jury, at Fall Term, 1885, of the Superior Court of OjRANG-e. eounty. The jury found the defendant guilty, and from an order of the Court arresting the judgment, the Solicitor, in behalf of the State, appealed. The defendant was indicted for the alleged forgery of a paper writing, commonly called a “ railroad pass.”

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INDICTMENT, for forgery, tried before Gilmer, Judge, and a jury, at Fall Term, 1885, of the Superior Court of OjRANG-e. eounty. The jury found the defendant guilty, and from an order of the Court arresting the judgment, the Solicitor, in behalf of the State, appealed. The defendant was indicted for the alleged forgery of a paper writing, commonly called a “ railroad pass.” The following is a copy of the material parts of the indictment: “The jurors for the State, upon their oath present, that John Weaver, late of the county of Orange, on the first day of January, 1885, with force and arms, at…

1Opinion of the Court

MebJRIMON, . J.,

(after stating the facts). It is very obvious that the indictment charges no offence created by any statute of this State in respect to forgery, and we-are of opinion that it can not be sustained at common law.

The order, request, or “railroad pass,” as it is called, is very indefinite and uncertain in every aspect of it. It does not purport, upon its face, to be given by a person who had any authority to grant it, or to create any possible obligation on his part, to make it good or effective in any contingency, nor does it create, or express any purpose to create, any — the…

2Cases cited3 opinions

  1. People v. HarrisonNew York Supreme Court · 1850
  2. State v. . LambSupreme Court of North Carolina · 1871
  3. State v. . Bob ThornSupreme Court of North Carolina · 1872

3Cited by2 opinions

  1. Commonwealth v. WilsonSuperior Court of Pennsylvania · 1910
  2. State v. TreadwayCourt of Appeals of North Carolina · 1975

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