State v. Martin
| Decision Date | 29 October 1930 |
| Docket Number | No. 355.,355. |
| Citation | 155 S.E. 447 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. MARTIN. |
Appeal from Superior Court, Forsyth County; Schenck, Judge.
Dewey Martin was convicted of uttering a worthless check, with knowledge of its worthlessness, and he appeals.
Reversed.
Criminal prosecution tried upon a warrant charging the defendant with fraudulently obtaining goods by means of a worthless check in violation of C. S. § 4283
The defendant was convicted of uttering a worthless check, with knowledge of its worthlessness, in violation of chapter 62, Pub. Laws 1927.
From the judgment rendered, the defendant appeals, assigning as error the refusal of the court to dismiss the action as in case of nonsuit.
E. M. Whitman, of Winston-Salem for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State,
The defendant was indicted under one statute and convicted under another. The two are not the same. There is a fatal variance between the indictment and the proof State v. Corpening, 191 N. C. 751, 133 S. E. 14. The Attorney General confesses error The demurrer to the evidence will be sustained here as provided by C. S. § 4643.
Reversed.
To continue reading
Request your trial
-
State v. Jackson
...State v. Wilkerson, 164 N.C. 431, 432, 79 S.E. 888; State v. Corpening, 191 N.C. 751, 133 S.E. 14; State v. Martin, 199 N.C. 636, 155 S.E. 447. The bill of indictment charges the larceny of "goods and chattels"--a common law crime. The case was tried on this theory in the Court below. The J......
-
State v. Jackson
...proof must correspond. State v. Wilkerson, 164 N.C. 431, 432, 79 S.E. 888; State v. Corpening, 191 N.C. 751, 133 S.E. 14; State v. Martin, 199 N.C. 636, 155 S.E. 447. bill of indictment charges the larceny of "goods and chattels"--a common law crime. The case was tried on this theory in the......
- State v. Martin