State v. . Boon
Supreme Court of North Carolina
This was INDiotment for CHEATING by false tokens, tried before Caldwell, Judge, at the Spring Term, 1857, of Taney Superior Court.
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This was INDiotment for CHEATING by false tokens, tried before Caldwell, Judge, at the Spring Term, 1857, of Taney Superior Court. Tlie indictment was as follows : “ The jurors for the State, upon their oath, present, that Samuel Boon, late of the county of Taney, being an evil disposed person, and wickedly designing, and intending to cheat one Mary Wilhite, on the 18th day of October, in the year 1856, with force and arms, at, and in the said county knowingly and designedly, by means of a certain false token, to wit, by means of a quarter of a dollar, which the said Samuel well knew to be…
1Opinion of the CourtPearson, J.
The verbiage, useless averment, and vain repetitions used in many of the forms of indictments, have become the subject of just remark, as tending to produce prolixity and confusion, instead of certainty, These excrescenses have croeped in, because most draftsmen, under cover of the maxim, uttíeper mutile non vitiatior, out of abundant caution, will use a word, make an averment, or a repetition, without stopping to decide upon its materiality, under the idea that, if it does no good, it will do no harm.
The solicitor, who drew the indictment, in State v. Fish, 4 Ire. Rep. 219, from which the…
2Cited by7 opinions
- Westmoreland v. StateMississippi Supreme Court · 1971
- Mathews v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Griggs v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- State v. RyanWashington Supreme Court · 1904
- Dodson v. . MockSupreme Court of North Carolina · 1838
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