State v. . Walton
Supreme Court of North Carolina
INDICTMENT, tried at Fall Term, 1893, of Gates Superior Court, before Graves, J. The defendant was charged with intending to cheat and defraud J. F. Bond, as Treasurer of the county, out of the money, goods and chattels in the custody of said Bond, and that he unlawfully, feloniously and designedly did falsely pretend to the said Bond, as said Treasurer, that a certain paper-writing in Avords and figures, etc., was a true and genuine order for the payment of money, etc., and…
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INDICTMENT, tried at Fall Term, 1893, of Gates Superior Court, before Graves, J. The defendant was charged with intending to cheat and defraud J. F. Bond, as Treasurer of the county, out of the money, goods and chattels in the custody of said Bond, and that he unlawfully, feloniously and designedly did falsely pretend to the said Bond, as said Treasurer, that a certain paper-writing in Avords and figures, etc., was a true and genuine order for the payment of money, etc., and .that he owned the same and had the right to transfer it to the said Bond, as Treasurer, and receive the money therefor…
1Opinion of the CourtMacRae, J.
(after stating the facts): The first exception cannot be sustained. In order to show the scienter and the intent, and for that purpose only, the State offered evidence of similar transactions on the part of the defendant. The question of the admissibility of evidence of this character has been so clearly stated by Ashe, J., in the case of State v. Murphy, 84 N. C., 742, that we have onty to reproduce a part of the opinion in that case. “It is a fundamental principle of law that evidence of one offence cannot be given against a defendant to prove that he was guilty of another. We have been…
2Cases cited4 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. . WilkersonSupreme Court of North Carolina · 1887
- State v. . BullardSupreme Court of North Carolina · 1888
3Cited by21 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- Farmer v. StateSupreme Court of Georgia · 1896
- State v. . StancillSupreme Court of North Carolina · 1919
- State v. . SimonsSupreme Court of North Carolina · 1919
- People v. RiceMichigan Supreme Court · 1919
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