Public-domain · open source
OpenJurist

31 N.C. 356

State v. . Robbins

Supreme Court of North Carolina

Decided June 5, 1849

Supreme Court of North Carolina · decided 1849-06-05

The defendant was tried and convicted upon the fol. lowing indictment, to-wit; “State of Noetii Carolina, ) Superior Court of Law, Edgecombe County, y Fall Term, 1848. 1 “The jurors for the State, upon their oath, present, that Edwin Robbins, a licensed retailer of spirituous liquor, by a measure less than a quart, late of the County aforesaid, at and in said County, on the first day of September in the year eighteen hundred and forty-eight, and in the night time of said…

Decided 1849-06-05

Pearson, J.

¶1 There is no ground, upon which the judgment ought to be arrested. On the contrary, the Attorney General has framed an indictment, unencumbered by useless words; which, from -its brevity and clearness, may well be adopted as a precedent.

¶2 The averment, that the defendant “unlawfully did sell and deliver” to the slave, would not be supported by proof of a sale and delivery to the slave as the agent and for and on account of his owner ; nor is it necessary to negative an order of the owner or manager, the offence having been committed in the night time. State v. Miller, 7 Ired. 725, decides both points.

¶3 The slave is sufficiently described by his name. A further description, by giving the name of the owner, Í3 *358 not necessary. The law only requires “certainty to a certain intent in general” in indictments for this offence.

¶4 The Court below erred in arresting the judgment. There must be a judgment for the State.

¶5 Per Curiam. Ordered to be certified accordingly.

/31/nc/356 · .json · Public domain