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1 N.C. 202

Serlested's case

Decided July 1, 1793

HE was indicted for cozenage eo quod one Proud, existens miles sub one Hammond, his captain, &c. Serlested, pretending that he had power to dischacge soldiers, took of the said Proud, as well for discharging him, &c. The first exception was that it is said existens miles, without saying how, or where. But it was held well enough.

Decided 1793-07-01

Whitlock, J.

¶1It is well enough under the statute 11 H. 7.

¶22. 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.

¶3Curia. It is this, that makes the deceit. He pretending to have a power, which he had not.

¶43. 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.

¶5Curia, pleads this, if yon please. The indictment is well enough.

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