State v. Harris
| Citation | 145 N.C. 456,59 S.E. 115 |
| Parties | STATE. v. HARRIS. |
| Decision Date | 30 October 1907 |
| Court | United States State Supreme Court of North Carolina |
The word "feloniously" is not essential to an indictment under Laws 18S9, p. 860, c. 83, which establishes a form for a bill of indictment for perjury without using the word "feloniously, " and provides in express terms that the form shall be sufficient.
The General Assembly has the right to modify old forms of bills of indictment, or establish new ones, provided in each instance the charge is sufficient to apprise the defendant with reasonable certainty of the nature of the crime.
[Ed. Note.—For cases in point, see Cent, Dig. vol. 27, Indictment and Information, § 91.]
An indictment drawn up in accordance with Laws 1889, p. 86, c. 83, setting out the court, the cause, the statement alleged to be false, the scienter, and charging that defendant "did unlawfully commit perjury, " sufficiently apprises defendant of the charge against him.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 39, Perjury, §§ 90-94.]
In a prosecution for removng crops without having paid the rent, where the defendant claimed that he paid the rent to an assignee thereof, the landlord's testimony that he made no assignment of the rent, and did not instruct the defendant to pay it to a third party, was so material to the issue as to support a charge of perjury.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 39, Pleading, §§ 38-54.]
Appeal from Superior Court, Anson County; Councill, Judge.
Riley Harris was convicted of perjury, and he appeals. Affirmed.
Defendant was indicted and convicted for perjury on the following bill of indictment: There was judgment on the verdict, and defendant excepted and appealed.
Clement, Asst. Atty. Gen., and H. H. Mc-Lendon, for the State.
J. W. Gulledge, for defendant.
HOKE, J. (after stating the facts as above). It is chiefly urged against the validity of this conviction and sentence that the word "feloniously" is not used in the bill of indictment. The question is distinctly and properly raised both by motion to quash and in arrest of judgment, but we are of opinion that the position cannot be sustained. It has been frequently held with us that in indictments for felonies the word "feloniously" must appear as descriptive of the offense and that no other or equivalent term will suffice. This principle, however, does not obtain where the Legislature otherwise expressly provides, and so it is here. Our Revisal of 1905, c. 80, § 3247, establishes a form for a bill of indictment for perjury, and enacts in express terms that this form shall be sufficient. The statute does not make the word "feloniously" a part of the bill, and it does not appear in the form set out, and the same is therefore no longer required. The General Assembly has the undoubted right to enact legislation of this character to modify old forms of bills of indictment, or establish new ones, provided the form established is sufficient to apprise the defendant with reasonable certainty of the nature of the crime of which he stands charged. "To be informed of the accusation against him" is the requirement of our Bill of Rights; and, unless such legislation is in violation of this principle, or in contravention of some express constitutional provision, it should and must be upheld by the courts. The act in question is open to no objection of the kind suggested. "Did unlawfully commit perjury" is the descriptive part of the charge required by the statute, giving in addition the...
To continue reading
Request your trial
-
State v. Hunt
... ... Harris v. United States, 536 U.S. 545, 549, 122 S.Ct. 2406, 2409, 153 L.Ed.2d 524, 532 (2002) ; see also Jones, 526 U.S. at 252, 119 S.Ct. at 1228, 143 L.Ed.2d at 331 (noting that the so-called sentencing factors were actually elements of separate crimes and must therefore be charged in ... ...
-
State v. White, 396PA17
... ... Lowe , 295 N.C. 596, 603, 247 S.E.2d 878, 883 (1978), "provided the form established is sufficient to apprise the defendant with reasonable certainty of the nature of the crime of which he stands charged." Id. at 603, 247 S.E. 2d at 883 (quoting State v. Harris , 145 N.C. 456, 457-58, 59 S.E. 115, 116 (1907) ). In particular, this Court has held that statutes authorizing short form indictments for rape and first-degree sexual offense "comport with the requirements of the North Carolina and United States Constitutions," even though they do not require ... ...
-
State v. Lowe, 2
... ... The decisions in those cases, and likewise, our decision in the case Sub judice, are grounded on the proposition that within constitutionally mandated parameters the legislature has the power to prescribe the form of a bill of indictment. State v. Harris, 145 N.C. 456, 59 S.E. 115 (1907); State v. Holder, 153 N.C. 606, 69 S.E. 66 (1910). In Harris, the court stated this rule explicitly: "The General Assembly has the undoubted right to enact legislation of this character, to modify old forms of bills of indictment, or to establish new ones, ... ...
-
State v. Smith
... ... the issue or point in question. 41 A.J. 4, 9; 48 C.J. 833; ... State v. Webb, 228 N.C. 304, 45 S.E.2d 345; ... State v. Hill, 223 N.C. 711, 28 S.E.2d 100; State v ... Cline, supra; State v. Cline, 146 N.C. 640, 61 S.E ... 522; State v. Harris, 145 N.C. 456, 59 S.E. 115; ... State v. Peters, 107 N.C. 876 (885), 12 S.E. 74; ... State v. Lawson, 98 N.C. 759, 4 S.E. 134; State ... v. Brown, 79 N.C. 642; State v. Dodd, 7 N.C ... 226; State v. Dunn, 203 Ind. 265, 180 N.E. 5, 80 ... A.L.R. 1437; People v. Teal, 196 N.Y. 372, 89 N.E ... ...