State v. . Phelps
Supreme Court of North Carolina
Indictment for receiving stolen goods tried before Cloud, J., at Spring Term, 1871, of Rowan Superior Court. The indictment contained two counts, one for larceny, the other for receiving stolen goods.
Read the full summary
Indictment for receiving stolen goods tried before Cloud, J., at Spring Term, 1871, of Rowan Superior Court. The indictment contained two counts, one for larceny, the other for receiving stolen goods. The jury acquitted defendant on the first count, and convicted on the latter, a copy of ■-which is as follows : “ And the jurors aforesaid, upon their oath aforesaid, do ■further present that on the day and year aforesaid, in the •County aforesaid, one box manufactured tobacco,, two bottles of whiskey, and five gallons of whiskey, of the value of twenty (dollars, of the goods, and chattels of…
1Opinion of the CourtDick, J.
The defendant was convicted only on the second ■count in the indictment; and it is insisted on a motion in arrest ■of judgment that said count is so defective, that the Court ■ ought not to pronounce judgment.
It appears upon the face of the indictment, that the name of -the defendant is not mentioned in the commencement of the «statement of the offence, charging the receiving of the stolen goods; but, is subsequently introduced, that, “ He, the said Anderson Phelps, then and there, well knowing the said goods -and chattels to have been feloniously stolen,” &c.
A count in a bill of indictment,…
2Cited by17 opinions
- State v. HammondsSupreme Court of North Carolina · 1954
- State v. CamelSupreme Court of North Carolina · 1949
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. May.Supreme Court of North Carolina · 1903
- State v. RussellSupreme Court of North Carolina · 1972
12 more not listed; retrieve them via the Exa API.