State v. Clemmons
Court of Appeals of North Carolina
Appeal by defendant from judgments entered 22 August 1991 by Judge W. Russell Duke, Jr., in Guilford County Superior Court.
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Appeal by defendant from judgments entered 22 August 1991 by Judge W. Russell Duke, Jr., in Guilford County Superior Court. Heard in the Court of Appeals 10 February 1993. Defendant was convicted of five counts of obtaining property by false pretenses in violation of G.S. 14-100 (89 CRS 50369-71, 89 CRS 56998, 90 CRS 20347) and eighteen counts of transacting business in securities without being licensed or registered with the Secretary of State in violation of G.S. 78A-36 of the North Carolina Securities Act (89 CRS 56999, 89 CRS 57000, 89 CRS 57002, 89 CRS 57013-20, 89 CRS 57031, 89 CRS…
1Opinion of the Court
EAGLES, Judge.
Defendant argues that the trial court erred by failing to dismiss the count of the alleged violations of the North Carolina Securities Act (Chapter 78A of the General Statutes) and by failing to instruct the jury on the specific misrepresentation as alleged in the indictments on obtaining property by false pretenses (G.S. 14-100). As to the alleged Chapter 78A violations, we agree and reverse the judgments. As to the G.S. 14-100 charges, we find no error.
I
Each verdict sheet for the alleged Chapter 78A violations appeared as follows:
We, the jury, unanimously return as our verdict…
2Cases cited8 opinions
- State v. TaylorSupreme Court of North Carolina · 1981
- Matter of BanksSupreme Court of North Carolina · 1978
- Gates v. ZantSupreme Court of the United States · 1983
- Monroe v. LouisianaSupreme Court of the United States · 1983
- State v. . HeathSupreme Court of North Carolina · 1930
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3Cited by13 opinions
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- State v. BaggettCourt of Appeals of North Carolina · 1999
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