State v. . Sherrill
Supreme Court of North Carolina
The defendant was tried at Spring Term, 1886, of Caldwell Superior Court, before Graves, Judge, and a verdict of guilty being returned, he moved an arrest of the judgment, which motion was granted, and from a judgment against the State, the Solicitor appealed.
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The defendant was tried at Spring Term, 1886, of Caldwell Superior Court, before Graves, Judge, and a verdict of guilty being returned, he moved an arrest of the judgment, which motion was granted, and from a judgment against the State, the Solicitor appealed. The indictment was in these words : “ The jurors for the State upon their oath, present, That John Sherrill, late of the county of Caldwell, on the first day of August, in the year of our Lord one thousand eight hun-dredand eighty-five, at and in the county of Caldwell, unlawfully and knowingly devising and intending to cheat and…
1Opinion of the CourtMkrklmoN, J.
The Court arrested the judgment upon the ground that the-indictment does not charge an offence with sufficient certainty to enable it to proceed to judgment upon the verdict of guilty. In this there was error.
The charge of the purpose of the defendant to cheat and defraud a particular person named, and that he obtained the property of that person by means and color of the false pretense charged, is made substantially in the words of the statute, and is sufficient.
The false pretence charged consists in the false representation that the mare of the defendant which he “ proposed to trade ” to…
2Cases cited4 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . MundaySupreme Court of North Carolina · 1878
- State v. . HefnerSupreme Court of North Carolina · 1881
- State v. . EasonSupreme Court of North Carolina · 1882
3Cited by4 opinions
- Holton v. StateSupreme Court of Georgia · 1899
- State v. . DixonSupreme Court of North Carolina · 1888
- State v. . BurkeSupreme Court of North Carolina · 1891
- Commomwealth v. WatsonCourt of Appeals of Kentucky · 1912