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2 N.C. 269

State v. Bryant

Supreme Court of North Carolina

Decided July 15, 1815

Supreme Court of North Carolina · decided 1815-07-15

<p>This case came before the Court on a motion to quash the indictment, which charged the defendant with petty larceny, in stealing one half ten shilling bill of the currency of the State, &c.</p> <p>No argument was made in the case.</p>

Decided 1815-07-15

Taylor, C. J.

¶1delivered the opinion of the Court.

¶2The thing charged to be stolen is not stated with the requisite precision and distinctness, to authorise the Court to pronounce judgment upon the offence, in the event of a conviction. Considered as currency of the State, it is of no *270value, since no one is compellable to receive it; it is not a tender in payment. Nor could the defendant, by the description in this indictment, protect himself from a future prosecution for the same larceny. As it is actually decribed, there is no such thing known in the currency of the State ; as it was probably meant to be described, it is not punishable as a larceny. Being therefore destitute alike of artificial and intrinsic value, the indictment cannot be supported.

¶3Let it be quashed.

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