State v. . Farmer
Supreme Court of North Carolina
Indictment — Election of Counts — Physicians—Druggists. This was an Indictment against a Physician (drawn under section 4, chap. 215, Laws of 1887), for giving a false and fraudulent prescription for liquors, tried at the Fall Term? 1889, of the Superior Court of TRANSYLVANIA County, before Clark, J. There were three counts in the indictment.
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Indictment — Election of Counts — Physicians—Druggists. This was an Indictment against a Physician (drawn under section 4, chap. 215, Laws of 1887), for giving a false and fraudulent prescription for liquors, tried at the Fall Term? 1889, of the Superior Court of TRANSYLVANIA County, before Clark, J. There were three counts in the indictment. The material portions of the first count were as follows: “That D. PL Farmer, on the 1st day of April, 1889, with force and arms, in Transylvania County, unlawfully and willfully did give to one G. H. a false and fraudulent prescription for spiritous…
1Opinion of the CourtAvery, J.
— after stating the facts: The Judge below had the power, in any view of the case, to compel an election or quash the indictment, treating the charges of sales to different persons as distinct counts. State v. Cooper, 101 N. C., 684; State v. Parish, ante, 685. There was no error, therefore, in the enforcement by the Court of election before the defendant should be compelled to plead.
We concur, too, with his Honor in the view that the law does not impose upon the State the burden of charging in the indictment and proving on the trial that the defendant was a “ reputable physician,” as well as…
2Cases cited5 opinions
- State v. . WatkinsSupreme Court of North Carolina · 1888
- State v. . PickensSupreme Court of North Carolina · 1878
- State v. . BurnsSupreme Court of North Carolina · 1879
- State v. . HolmesSupreme Court of North Carolina · 1880
- State v. Pickett.Supreme Court of North Carolina · 1878
3Cited by16 opinions
- Atwood v. Cox, District JudgeUtah Supreme Court · 1936
- State v. TophamUtah Supreme Court · 1912
- State v. . ColeSupreme Court of North Carolina · 1932
- State v. McAllisterSupreme Court of North Carolina · 1975
- State v. . HarrisSupreme Court of North Carolina · 1890
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