The record produced does not support the plea. Let the plea be overruled.
State v. Williamson, 7 N.C. 216, 3 Mur. 216 (1819)
May 1819
·
Supreme Court of North Carolina
7 N.C. 216, 3 Mur. 216
The State v. Timothy Williamson.
From Cumberland.
Indictment charged Defendant with “ feloniously stealing, taking, and “carrying away, a certain Bank note, issued by the Bank of Newbern.” The note offered in evidence upon the trial, purported to be issued by “The President and Directors of the Bank ofNewbern.” The Defendant was acquitted, because the evidence did not support tire charge. He was then indicted “ for feloniously stealing, talcing, and carrying “ away, a certain Bank note, issued by the President and Directors of “ the Bank of Newbern.” To this indictment he pleaded “former “ acquittal,” and, to support the plea, produced the record of the 'first indictment, and the proceedings had thereon. Held, that
The record produced does not support the plea, and the plea overruled.
At March Term, 1816, of Cumberland Superior Court, the Defendant was indicted for “ feloniously stealing, tak- “ ing, and carrying away, a certain Bank note, issued by “ the Bank of Newbern, bearing date the 6th day of No- “ vember, in the year of our Lord one thousand eight hun- “ dred and nine, subscribed with the name of James (S M’Kinlay, President, and M. C. Stephens, Cashier, for “ the payment of four dollars to G. Curry, or bearer, on 6‘ demand, the said Bank note being then and there of the " value of four dollars, and being the property, goods and “ chattels, of John Ray, and the money therein mentioned, “ payable and secured by the said Bank note as aforesaid, “ then and there being due and unsatisfied, to the said <e John Ray, the proprietor thereof, against the form of “ the statute in such case made and provided,” &c.
The Bank note offered in evidence upon the trial of the indictment, was in the following words and figures, to-wit ;
“No. 413. D. 4.
, H? o *
“ The President and Directors of the Bank of Newbern, promise “ to pay G. Curry, or bearer, on demand, four Dollars, Newbern, the 6th day of Nov. 1809.
POUR.
“ M. C, STErnOTs, Cash’r. Jas, M’JKikxat, Pres.”
*217Ón bebalf of the Defendant, it was insisted, that as the Indictment charged him with feloniously stealing, taking, and carrying away, a Bank note “ issued by the Bank of Newbern,” and the note oifered in evidence, purported to be issued by “ the President and Directors of the Bank of Newbern,” the evidence did not support the charge; and of this opinion was the Court, and the Defendant was acquitted.
At September Term, 1817, the Defendant was indicted “ for feloniously stealing, taking, and carrying away, a “ certain Bank note, issued by the President and Direc- “ tors of the Bank of Newbern, of the Number 413, letter “ D, dated Newbern, the sixth day of November, in the “ year of our Lord one thousand eight hundred and nine, “ subscribed with the name of James M’Kinlay, Pres’t.” &c. pursuing the description as given in the preceding indictment.
To this indictment the Defendant pleaded “ former “ acquittal,” and the Solicitor for the State replied, “ mil “ tiel record.” And the record of the first indictment, and the proceedings had thereon, was offered in support of the plea. The Court was of opinion, that the record produced did not support the plea; and the Defendant appealed.