Serlested's case

Circuit Court of North Carolina

Serlested's case

1 N.C. 202

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 202 (Serlested's case) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Serlested's case, 1 N.C. 202 (circtnc 1793).

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Opinion

Whitlock, J.

It is well enough under the statute 11 H. 7.

2. It is said, he pretended to have power to discharge soldiers; which is impossible, for it appears by the statute that he had no such power: but the captain or general has. Therefore the indictment is bad.

Curia. It is this, that makes the deceit. He pretending to have a power, which he had not.

3. It is said that he did not discharge him at tunc et ibidem, viz. the time and place where the money was taken; perhaps he discharged him at some other time.

Curia, pleads this, if yon please. The indictment is well enough.

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Whitlock, J.

It is well enough under the statute 11 H. 7.

2. It is said, he pretended to have power to discharge soldiers; which is impossible, for it appears by the statute that he had no such power: but the captain or general has. Therefore the indictment is bad.

Curia. It is this, that makes the deceit. He pretending to have a power, which he had not.

3. It is said that he did not discharge him at tunc et ibidem, viz. the time and place where the money was taken; perhaps he discharged him at some other time.

Curia, pleads this, if yon please. The indictment is well enough.

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Bluebook (online)

1 N.C. 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serlesteds-case-circtnc-1793.