State v. . Hefner
Supreme Court of North Carolina
INDICTMENT fdr false pretence, tried at Fall Term, 1880, of TraNSYlvakia Superior Court, before Gilmer, J. The defendant was tried upoii two bills of indictment the one found at the spring term, 1880, and the other at the fall term, of said court, for obtaining a mule, the property of one Joseph Kemp, by false pretences. • The assignments of the false pretences in the first bill were that a mare which the defendant exchanged for the mule was sound, that there had never been…
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INDICTMENT fdr false pretence, tried at Fall Term, 1880, of TraNSYlvakia Superior Court, before Gilmer, J. The defendant was tried upoii two bills of indictment the one found at the spring term, 1880, and the other at the fall term, of said court, for obtaining a mule, the property of one Joseph Kemp, by false pretences. • The assignments of the false pretences in the first bill were that a mare which the defendant exchanged for the mule was sound, that there had never been anything the matter with the said mare, and that there had never been anything the matter with the eyes of the said…
1Opinion of the CourtAshe, J.
The line of distinction between the cases of false representations that come within the statute and those that do not,is so very narrow and the cases bordering thereon so shadow into each other, that it is often difficult to decide upon which side they fall.
There have been but few of such indictments in this state previous to the year 1871, -when the case of State v. Phifer, 65 N. C., 321, came here on appeal. The court in that case laid down the rule which has been since followed, “ that a false representation of a subsisting fact, calculated to deceive and which does deceive, and is…
2Cases cited1 opinion
- State v. . PhiferSupreme Court of North Carolina · 1871
3Cited by8 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- Holton v. StateSupreme Court of Georgia · 1899
- State v. . DixonSupreme Court of North Carolina · 1888
- State v. HinesCourt of Appeals of North Carolina · 1978
- State v. . BurkeSupreme Court of North Carolina · 1891
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