Legal Opinion

State v. Terrell

Supreme Court of North Carolina

Decided January 12, 1962No. 438PublishedCited by 9 opinions

1Opinion of the CourtHiggins, J.

On this appeal we are concerned with assignments of error relating to the formation of the conspiracy — the making of the plan charged in the indictment. “As soon as the union of wills for the unlawful purpose is perfected the offense of conspiracy is completed.” State v. Knotts, 168 N.C. 173, 83 S.E. 972. “The conspiracy is the crime and not its execution.” State v. Davenport, 227 N.C. 475, 42 S.E. 2d 686. Efforts, successful or otherwise, of the parties to carry out their unlawful agreement involve only substantive offenses. Any error with respect thereto in this case was rendered harmless…

2Cases cited8 opinions

  1. State v. . DavenportSupreme Court of North Carolina · 1947
  2. State v. DavenportSupreme Court of North Carolina · 1947
  3. State v. . KnottsSupreme Court of North Carolina · 1914
  4. State v. TilleySupreme Court of North Carolina · 1954
  5. State v. SaundersSupreme Court of North Carolina · 1957

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3Cited by9 opinions

  1. State v. PartlowSupreme Court of North Carolina · 1967
  2. State v. McNairSupreme Court of North Carolina · 1967
  3. State v. HammSupreme Court of North Carolina · 1980
  4. State v. KendrickCourt of Appeals of North Carolina · 1970
  5. State v. AlstonSupreme Court of North Carolina · 1965

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