State v. . Whidbee
Supreme Court of North Carolina
INDICTMENT for obtaining goods under a false pretence, before ITolce, •/.. at Fall Term, 1898, of the Superior Court of Dabe County.
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INDICTMENT for obtaining goods under a false pretence, before ITolce, •/.. at Fall Term, 1898, of the Superior Court of Dabe County. Tlie indictment is as follows: The jurors for the State present on oath, that at and in the above State and County on or about the 12th day of July, 1897, the defendant, John 33. "Whidbee, late of the State and County aforesaid, did unlawfully, wilfully and feloniously agree in writing with R. D. Fulcher in the following words and figures, to-wit: Hatteras, N. C., July 12, 1897. This is to certify, that I have received of R. D. Fulcher twenty-four dollars in…
1Opinion of the Court
Faikcloth, O. J.
The defendant stands indicted for obtaining goods under a false pretence. On July 12, 1897, the defendant certified in writing that he had received of Fulcher “twentv-four dollars in merchandise, the amount of my cheek for the quarter ending October 30, 1897, which check I hereby pledge in payment of same.” He failed to apply said check or the proceeds thereof according to agreement.
The defendant moved to quash the indictment on the ground that it stated no indictable offence, which motion was allowed and the State Solicitor appealed.
There was no error. The offence charged…
2Cited by3 opinions
- State v. Torrence.Supreme Court of North Carolina · 1900
- State v. . WilliamsSupreme Court of North Carolina · 1909
- State v. . McFarlandSupreme Court of North Carolina · 1920