State v. Wilkerson

• Citation: 3 S.E. 683,98 N.C. 696
• Parties: STATE v. WILKERSON.
• Decision Date: 31 October 1887
• Court: United States State Supreme Court of North Carolina

3 S.E. 683

98 N.C. 696

STATE v. WILKERSON.

Supreme Court of North Carolina

October 31, 1887

Appeal from superior court, Granville county; PHILIPS, Judge.

The defendant was charged with having obtained from the board of commissioners an order, issued for the support of E., by falsely representing to the said board that E. was a pauper etc. Previous to the trial the defendant stated that he "got the orders issued" for the pauper's support, and that he "got the money." Held, that his admission was evidence of his instrumentality in having E. placed on the list of paupers, and of his being the only person to whom orders were issued.

The Attorney General, for the State.

L. C Edwards, for defendant.

SMITH C.J.

The defendant is charged with having obtained from the county authorities of Granville an order for the payment of money by means of false pretenses and fraudulent representations, in violation of section 1025 of the Code. The indictment consists of two counts, upon the trial of which he was convicted under the second only, and that is in these words "And the jurors for the state, upon their oath, do further present that William H. Wilkerson, late of the county of Granville, at and in the county aforesaid, on the day and year aforesaid, with force and arms, unlawfully, willfully, knowingly, falsely, and designedly, did obtain from the board of commissioners of Granville county an order for the sum of six dollars, of the value of six dollars, issued for the support of Sally Eastwood, by falsely representing to said board of commissioners that the said Sally Eastwood was a pauper, and a resident of Granville county, and by undertaking to receive and use the said order for the support and maintenance of the said Sally Eastwood, with the intent then and there to defraud; whereas, in truth and in fact, the said Sally Eastwood was not a resident of the county of Granville and a pauper, and was not entitled to receive support from the same, as the said William H. Wilkerson, well knew, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state."

The state, in support of the charge, introduced a portion of the records of the board in possession of the register of deeds in one of the books of which are contained the names of outside paupers, (meaning such as receive county aid, and were not in the poor-house,) and an entry made March 4, 1879, by which the said Sally Eastwood, of Oak Hill township, was declared an "outside pauper," and allowed one dollar per month, "order to W. H. Wilkerson." It also appeared that a second order for five dollars issued on August 4, 1879, to the defendant for the said pauper. On the examination of Benjamin F. Bullock, a witness for the state, he testified that the name of the defendant in the book exhibited was in the handwriting of witness. When he was asked if the order referred to was in writing, and gave an affirmative answer to this question, defendant's counsel objected to any parol evidence of its contents, the original not being produced, not its absence accounted for. The solicitor stated, in explanation, that he proposed to show that such an order was issued every six months, and that the entry of February 28, 1884, which bore upon it the defendant's name written by the witness, was offered to show that the order of that date was delivered to defendant, and that he drew the semi-annual allowance of one dollar per month, and that he continued to draw it. The question was allowed, and to the ruling the defendant excepted. Thereupon the witness, who was at the time a deputy of the register, stated that the order of February 28, 1884, was in print or writing, and was delivered to defendant, the entry being in these words: "February 28, 1884. Eastwood, Sally, one dollar. W. H. WILKERSON;" and showing the delivery to defendant of the order for the monthly allowance to the pauper; and that such orders were issued twice a year, and delivered to defendant. On cross-examination the witness further stated that he delivered the order to defendant, drawn on the county treasurer by the register of deeds, for six dollars, for support of Sally Eastwood. It was in evidence that the pauper lived in Granville with her daughter in 1879, within two miles of defendant's residence; that in August of that year the said Sally left and moved to Person county, and never returned to her former home; and that she died in December, 1882. Thomas Washington, register of deeds in 1885 and 1886, testified to the delivery of similar orders for the support of said Sally during these years to the defendant; and this testimony was also objected to, because the orders were not produced. But the evidence was received. The witness stated that the last was delivered on February 1, 1886; that defendant applied for it, when witness told him that it had been reported to the...