State v. . Blair

Supreme Court of North Carolina

State v. . Blair

40 S.E.2d 460, 227 N.C. 70, 1946 N.C. LEXIS 346

Supreme Court of North Carolina·Decided December 11, 1946·Published·Cited by 2 cases

Opinion

Per Curiam.

The embezzlement statute creates an offense unknown at common law. It applies only to the classes of persons therein naméd. *71 S. v. Whitehurst, 212 N. C., 300, 193 S. E., 657; S. v. Eurell, 220 N. C., 519, 17 S. E. (2d), 669. It does not embrace a vendor in an executory contract of purchase and sale. Hence the court below erred in denying the defendant’s motion to dismiss as in case of nonsuit.

The defendant did not appeal from the judgment pronounced in the ease (4430) consolidated and tried with this indictment.' Hence, said judgment is not affected by this opinion.

The judgment below (4477) is

Eeversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The embezzlement statute creates an offense unknown at common law. It applies only to the classes of persons therein naméd. *71 S. v. Whitehurst, 212 N. C., 300, 193 S. E., 657; S. v. Eurell, 220 N. C., 519, 17 S. E. (2d), 669. It does not embrace a vendor in an executory contract of purchase and sale. Hence the court below erred in denying the defendant’s motion to dismiss as in case of nonsuit.

The defendant did not appeal from the judgment pronounced in the ease (4430) consolidated and tried with this indictment.' Hence, said judgment is not affected by this opinion.

The judgment below (4477) is

Eeversed.

State v. . Blair, 40 S.E.2d 460, 227 N.C. 70, 1946 N.C. LEXIS 346 (N.C. 1946).

Pincite

40 S.E.2d 460 (State v. . Blair) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related