Supreme Court of North Carolina, 1873

State v. . Harrison

State v. . Harrison
Supreme Court of North Carolina · Decided June 5, 1873 · Reade
69 N.C. 143

Counsel

No counsel for the defendant. Attorney General Hargrove and Solicitor Cantwell , for the State referred to State v. Britt , 3 Dev. 122; State v. Morgan , 2 D. B. 348.

State v. . Harrison

Opinion of the Court

Reade, J.

The indictment charges that the defendant forged the name of the firm of Williams & Murchison with intent to defraud George W. Williams and Daniel M. Murchison. And there was evidence tending to show that he did forge the name of the firm with intent to defraud the firm, but there was no evidence that George W. Williams and Daniel M. Murchison were the individual members of the firm, and therefore there was no evidence that the intent was to defraud George W. Williams and Daniel M. Murchison. And his Honor ought so to have charged the jury in response to the prayer of the defendant. His refusal to do so was error, for which there must be a venire de novo.

Let this be certified.

Pjssjr Curiam. Judgment reversed.

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