State v. Jones

Decided January 15, 1874

Supreme Court of North Carolina · decided 1874-01-15

<p>The defendant sold to the prosecutor four barrels of crude turpentine, representing “that they were all right, just as good at bottom as they were at top, ” &c., and when examined, the barrels contained only a small quantity of turpentine on the top of each, the rest of the contents being chips and dirt: Held that the defendant was guilty of cheating by false tokens.</p>

Decided 1874-01-15

Settle, J.

¶1The doctrine of emeat emptor, upon which the defendant relies, does not apply to the facts in the case before us.

¶2After the very thorough discussion of the crime of cheating by false tokens, pretences, &c., and the citation of authorities, by Reade, J., in State v. Phifer, 65 N. C. Rep., 321, it would be useless to pursue the subject further.

¶3’ The facts in this case fall clearly under the denunciation of our statute. Rev. Code, ch. 34, sec. 67. And, .notwithstanding the objection urged by counsel to the charge of his Honor, we are of opinion that he submitted the caseto the jury, in as favorable a light to the defendant as he had a right to expect. There is no error.

¶4Pee Cueiam. Judgment affirmed.