Legal Opinion

State v. . McRae

Supreme Court of North Carolina

Decided November 24, 1915PublishedCited by 4 opinions

Appeal by defendant from Devin, J., at April Term, 1915, of Anson. The defendant is indicted for a violation of section 3434 a of the Revisal, in that he obtained board without paying therefor, with intent to defraud.

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Appeal by defendant from Devin, J., at April Term, 1915, of Anson. The defendant is indicted for a violation of section 3434 a of the Revisal, in that he obtained board without paying therefor, with intent to defraud. The prosecutrix testified that the defendant boarded with her nine weeks, promising to pay her $2.SO per week, and that he left without paying her; that she lived a mile in the country and had not taken out a license to keep a boarding-house, and that she had never entertained any other person as a boarder. At the conclusion of the evidence the defendant moved for judgment of…

1Opinion of the CourtAlleN, J.

The statute (Revisal, 3434 a) does not make it indictable to obtain entertainment at a private house without paying therefor and with intent to defraud. The offense condemned, pertinent to this appeal, is obtaining any “lodging, food, or accommodation at an inn, boarding-house, or lodging-house without paying therefor, with intent to defraud the proprietor or manager thereof,” and the question is presented as to whether one who has not taken out a license to keep a boarding-house, and who does not hold out her house as a place for the entertainment of the public, but who has on one occasion…

2Cases cited2 opinions

  1. State v. . GriffinSupreme Court of North Carolina · 1911
  2. Holstein v. Phillips & SimsSupreme Court of North Carolina · 1907

3Cited by4 opinions

  1. Holstein v. . PhillipsSupreme Court of North Carolina · 1907
  2. State v. . BarbeeSupreme Court of North Carolina · 1924
  3. State v. WageniusIdaho Supreme Court · 1978
  4. State v. WageniusIdaho Supreme Court · 1978

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