Legal Opinion

State v. . Norman

Supreme Court of North Carolina

Decided February 5, 1892PublishedCited by 13 opinions

Criminal action, tried before Brown, J, at Fall Term, 1891, of Beaufort Superior Court. The defendant is charged with violating chapter 444, Acts 1889, amended by chapter 106, Acts 1891, which, as amended, provides: “ If any person, with intent to cheat or defraud another, shall obtain any advances in money, provisions, goods, wares or merchandise of any description from any other person or corporation upon and by color of any promise or agreement that the person making the…

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Criminal action, tried before Brown, J, at Fall Term, 1891, of Beaufort Superior Court. The defendant is charged with violating chapter 444, Acts 1889, amended by chapter 106, Acts 1891, which, as amended, provides: “ If any person, with intent to cheat or defraud another, shall obtain any advances in money, provisions, goods, wares or merchandise of any description from any other person or corporation upon and by color of any promise or agreement that the person making the same will commence or begin any work or labor of any description for said person or corporation from whom said advances…

1Opinion of the CourtClark, J.

After stating the case, proceeded: The Code, § 908, provides that in any proceeding begun before a Justice of the Peace, whether in a civil or a criminal action, the Court in which such action shall be pending “ shall have power to amend any warrant, process, pleading or proceeding in such action, either in,form or substance,” and either before or after judgment. It is held that the section confers '‘unrestricted power of amendment” in such cases, provided the amendment does not change the nature of the offence intended to be charged. State v. Vaughan, 91 N. C., 532. “Any amendment may be…

2Cases cited5 opinions

  1. State v. . CrookSupreme Court of North Carolina · 1884
  2. State v. . VaughanSupreme Court of North Carolina · 1884
  3. State v. . WinslowSupreme Court of North Carolina · 1886
  4. State v. . BakerSupreme Court of North Carolina · 1890
  5. Atlantic Bank v. FrankfordSupreme Court of North Carolina · 1867

3Cited by13 opinions

  1. Ex Parte HollmanSupreme Court of South Carolina · 1908
  2. State v. . GriffinSupreme Court of North Carolina · 1911
  3. State v. . DavisSupreme Court of North Carolina · 1892
  4. Tate v. . CleggSupreme Court of North Carolina · 1939
  5. State v. . BoykinSupreme Court of North Carolina · 1937

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