State v. . Burns

Supreme Court of North Carolina

State v. . Burns

80 N.C. 376

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1879

StatusPublished

Cited by5 cases

This text of 80 N.C. 376 (State v. . Burns) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Burns, 80 N.C. 376 (N.C. 1879).

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Opinion

Ashe, J.

There were some exceptions taken by the defendant on the trial below, but it is only necessary to notice that taken to the form of the indictment.

The bill of indictment does not charge that the lien was in force when the bale of cotton was disposed o£ nor to whom it was sold. For- these reasons' the bill is fatally defective, and the judgment below must be arrested. State v. Pickens, 79 N. C., 652.

There is error. Let this be certified to the superior court of Wake county that the defendant may be discharged.

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Ashe, J.

There were some exceptions taken by the defendant on the trial below, but it is only necessary to notice that taken to the form of the indictment.

The bill of indictment does not charge that the lien was in force when the bale of cotton was disposed o£ nor to whom it was sold. For- these reasons' the bill is fatally defective, and the judgment below must be arrested. State v. Pickens, 79 N. C., 652.

There is error. Let this be certified to the superior court of Wake county that the defendant may be discharged.

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Bluebook (online)

80 N.C. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burns-nc-1879.

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