State v. . Eason
Supreme Court of North Carolina
INDICTMENT for false prefence tried at Spring Term, 1881, of Chowan Superior .Court, before Gilmer, J. The indictment is as follows: The jurors for the state upon their oath present that Henry Eason, late of the county of Chowan, with force and arms at, and in said county, on the first day óf April, 1881, designing and intending to cheat and defraud K. R. Pendleton, out of his goods and moneys, chattels and property, did unlawfully, wilfully, designedly, falsely, and…
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INDICTMENT for false prefence tried at Spring Term, 1881, of Chowan Superior .Court, before Gilmer, J. The indictment is as follows: The jurors for the state upon their oath present that Henry Eason, late of the county of Chowan, with force and arms at, and in said county, on the first day óf April, 1881, designing and intending to cheat and defraud K. R. Pendleton, out of his goods and moneys, chattels and property, did unlawfully, wilfully, designedly, falsely, and feloniously and knowingly pretend to the said K. R. Pendleton, that he, the said Henry Eason, had cut for him, for the use of…
1Opinion of the CourtAshe, J.
To constitute the crime of “ false pretence” under section 67, chapter 32, Battle’s Revisal, there must be a false pretence of a subsisting fact; the pretence must be knowingly false; the money, goods, or thing of value of the person defrauded, must be unlawfully obtained by means of the false pretence, and with the intent to cheat and defraud him of the same. State v. Phifer, 65 N. C., 321; State v. Jones, 70 N. C., 75; Bishop Cr. Law, §§ 397, 409: Archbold, 246.
As nothing in the record indicating the defect in the bill of indictment, upon which the motion in arrest was made, and no…
2Cases cited3 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . SlagleSupreme Court of North Carolina · 1880
- State v. JonesSupreme Court of North Carolina · 1874
3Cited by6 opinions
- State v. CroninSupreme Court of North Carolina · 1980
- State v. HinesCourt of Appeals of North Carolina · 1978
- State v. . DicksonSupreme Court of North Carolina · 1883
- State v. . MikleSupreme Court of North Carolina · 1886
- State v. . SherrillSupreme Court of North Carolina · 1886
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