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6 N.C. 379

State v. Dalton

Supreme Court of North Carolina

Decided July 15, 1818

Supreme Court of North Carolina · decided 1818-07-15

From Rutherford. Indictment in the following words, viz; The Jurors for the State, upon their oath present, that James Dalton of the County of Rutherford, on the first day of October, one thousand eight hundred and seventeen, with force and arms in the County of Rutherford* by his own head and imagination, feloniously and wittingly, did falsely forge and make, and cause to be falsely forged and made, and did feloniously, willingly and wittingly assent in falsely making,…

Decided 1818-07-15

Sjsawjeii, Judge,

¶1delivered the opinion of the Court:

¶2The term, book account, is unknown in the law, and in common parlance, it may mean money, goods, labour and whatever may be brought into account. The charge is therefore, too indefinite, cither to support the indictment upon the act of Assembly or at common law. Had the indictment charged the forging of an acquittance for goods, this would certainly have been proper evidence to be left to a jury. But as the indictment is substantially defective, there can be no judgment for the State, and it must therefore, stand arrested.

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