State v. . Bob Thorn
Supreme Court of North Carolina
Indictment for forgery, tried before Moore, Judge, at EalT Term 1811, of Edgecombe Superior Court. The following is a copy of the indictment: “STATE OF NORTH CAROLINA — Edgboohbb Ooxnm-. Superior Oouvt, Fall Term 1871. The jurors for the State, upon oatli, present that Bob Thorn,. alias Benj.
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Indictment for forgery, tried before Moore, Judge, at EalT Term 1811, of Edgecombe Superior Court. The following is a copy of the indictment: “STATE OF NORTH CAROLINA — Edgboohbb Ooxnm-. Superior Oouvt, Fall Term 1871. The jurors for the State, upon oatli, present that Bob Thorn,. alias Benj. E. Mayo, alias Benjamin Cherry, late of Edgecombe county, at and in said county, with force and arms, on the 5th day of September, 1871, did feloniously and unlawfully forge a certain order, which said forged order is as follows :— c Judge Howard 20 days work at one dollar per day, and 14' days at 75cts.…
1Opinion of the CourtPeabsoN, C. J.
The bill of indictment is defective in this: there is no averment to connect Johnson with Howard so as to show that Johnson had authority, as the agent of Howard, to state the account of laborers and draw on him for the balance due. 'Without this averment, there is nothing from which the Court can see, that the false paper had a tendency to defraud Howard, or, how it could have been issued for such a purpose. State v. Greenlee, 1 Dev. 323, “The writing must have a tendency to injure ; that tendency must be apparent to the Court; either by the face of the writing or by an averment of facts…
2Cited by7 opinions
- Goodman v. PeopleIllinois Supreme Court · 1907
- State v. . LeakSupreme Court of North Carolina · 1879
- State v. CovingtonSupreme Court of North Carolina · 1886
- Beasley v. StateCourt of Criminal Appeals of Texas · 1898
- State v. . CovingtonSupreme Court of North Carolina · 1886
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