{
  "id": 11273239,
  "name": "STATE v. LAWRENCE SPROUSE",
  "name_abbreviation": "State v. Sprouse",
  "decision_date": "1909-05-19",
  "docket_number": "",
  "first_page": "860",
  "last_page": "862",
  "citations": [
    {
      "type": "official",
      "cite": "150 N.C. 860"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
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      "reporter": "N.C.",
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        8652128
      ],
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    {
      "cite": "71 N. C., 88",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11277094
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      "opinion_index": 0,
      "case_paths": [
        "/nc/71/0088-01"
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    {
      "cite": "78 N. C., 507",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "97 N. C,, 496",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8650987
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      "opinion_index": 0,
      "case_paths": [
        "/nc/97/0496-01"
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    {
      "cite": "121 N. C., 576",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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  "last_updated": "2023-07-14T18:55:20.077008+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. LAWRENCE SPROUSE."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThe defendant is indicted in two cotints. In the first count it is alleged that the defendant \u201cdid unlawfully, wantonly, willfully and feloniously set fire to a stable and granary, then and there the property and in possession of William Sexton,\u201d and in the second count it is alleged that the defendant \u201cdid unlawfully, willfully and feloniously attempt to burn the barn and stable of William Sexton by setting.fire to a certain lot of flammable matter in said barn and stable, contrary to the statute,\u201d etc.\nThe defendant requested his Honor to charge the jury as follows: \u201cThat, if the jury believe the evidence, the stable and granary was the property of E. L. Sprouse, and the jury could not find the defendant guilty under this bill of indictment, which charges that the defendant burned the stable and granary, the property of William Sexton.\u201d The court refused to give said instruction, and the defendant excepted.\nThe evidence was that the title to the stable was in E. L. Sprouse, but that he had rented the building to William Sexton, who had stored 300 bushels ofo corn in the granary end of the building. This is not a civil action for possession. Ownership is alleged only to identify the property, and is sufficiently proved by showing occupancy. State v. Daniel, 121 N. C., 576; State v. Thompson, 97 N. C,, 496; State v. Jaynes, 78 N. C., 507; State v. Gailor, 71 N. C., 88.\nThe court charged the jury that if they \u201cshould be satisfied from the evidence, beyond a reasonable doubt, that William Sexton, the prosecutor, had rented the premises from E. L. Sprouse, and in pursuance of the contract of lease he went into possession of the barn, or a part of it, by storing his corn therein, then the bill properly charges the property burnt as the property of William Sexton; and if they shall further be satisfied, beyond a reasonable doubt, that the defendant willfully set fire to and burned said house, with the corn of the prosecutor in it, it is their duty to' return a verdict of guilty,\u201d to which the defendant excepted, but without good ground.\nThe only other ground relied on in defendant\u2019s brief is that the judgment should be arrested because the first count in the bill is defective. If this were true, there being a general ver-diet, it would be supported by tbe valid second count. State v. Toole, 106 N. C., 736. But tbe first count follows tbe words of tbe Bevisal, sec. 3338, and tbe second count is based on tbe Bevisal, sec. 3336. .\nNo Error.",
        "type": "majority",
        "author": "Clark, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General for the State.",
      "C. C. Ramsey and Moore & Rollins for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. LAWRENCE SPROUSE.\n(Filed 19 May, 1909.)\n1. Indictment \u2014 Unlawful Burning, etc. \u2014 Allegation of Ownership\u2014 Identification \u2014 Description.-\nOn a trial under an indictment containing two counts for unlawfully, etc., setting Are, etc., and also attempting to burn, etc., a certain stable and granary, the property of and in possession of W. (Revisal, secs. 3338, 3336), the evidence was that the stable and granary was owned by a different person than the one named, who had.rented it to W., and he had stored corn in the granary end of the building: Held, the allegation of ownership was for identification of the property, and it was sufficiently proved by thus showing occupancy.\n2. Same \u2014 Instructions.\nWhen an indictment charges the unlawful, etc., setting fire to a granary, the property of W., and an unlawful attempt to burn the barn, etc., of W., and the evidence tends to show that S. was the owner, but had .rented it to W., who had stored corn therein, it is not error for the trial judge to charge, in effect, that if the jury so find the facts beyond a reasonable doubt, and likewise find beyond a reasonable doubt that defendant willfully set fire to and burned said house, with the corn of the prosecutor in it, it was their duty to return a verdict of guilty.\n3. Indictment \u2014 Two Counts \u2014 General Verdict \u2014 Defective Count\u2014 Judgment Arrested.\nWhen there are two counts in a bill of indictment charging an unlawful, etc., burning of the house of another,-and the jury have returned a general verdict of guilty, judgment may not be arrested upon the ground that one of the counts is defective.\n4. Indictment, Sufficient \u2014 Setting Fire to Property.\nA count in a bill of indictment charging that defendant \u201cdid unlawfully, wantonly, willfully and feloniously set fire to a stable and granary, then and there the property and in possession of W.,\u201d etc., is good, under the Revisal, sec. 3338.\nINDICTMENT for setting fire to and burning property of another, tried before Ferguson, J., and a jury, at February Term, 1909, of Madison.\nAttorney-General for the State.\nC. C. Ramsey and Moore & Rollins for defendant."
  },
  "file_name": "0860-01",
  "first_page_order": 904,
  "last_page_order": 906
}