{
  "id": 8683201,
  "name": "STATE v. WILLIS YARBOROUGH",
  "name_abbreviation": "State v. Yarborough",
  "decision_date": "1877-06",
  "docket_number": "",
  "first_page": "524",
  "last_page": "525",
  "citations": [
    {
      "type": "official",
      "cite": "77 N.C. 524"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:c2e2d9380c6680ec",
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  "last_updated": "2023-07-14T20:46:21.915598+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. WILLIS YARBOROUGH."
    ],
    "opinions": [
      {
        "text": "Bynum, J.\nThe defendant was indicted and convicted of administering poison to William Mills, with intent to kill; and he now moves in arrest of judgment for defects in the bill of indictment.\nThe bill charges that the defendant on a certain day, \u201cfeloniously and unlawfully did administer to William Mills a large quantity of a certain deadly-poison, called strychnia; to-wit, two drachms, with intent, &c.,\u201d omitting the averment that he \u201c then and there well knew that the said strychnia was a deadly poison,\u201d &c.\nThe precedents all contain this averment either in express terms or in substance and effect. Eor example here- is one from Chitty, for sending poison with intent to kill: \u201cThat G. L., late &c., not having &c., but being moved and seduced &c., and of his malice aforethought, contriving and intending, the said A. B., with poison, feloniously to kill and murder, on &c., with force and arms at &c., aforesaid, a great quantity of yellow arsenic,1 being a deadly 'poison, with a certain quantity of white wine, feloniously, wilfully and of his malice aforethought, did mix and mingle, he the said G. L. then and there, well knoioing the said yellow arsenic to he a deadly poison, &c.\u201d Chit. Cr. L. 776; State v. Blandy, 18. Howell\u2019s State Trials, 1118.\nIt is always safest to follow long approved precedents. Strychnia is a technical term, used and well known in the Materia Medica as descriptive of a deadly poison, but this poison with its technical name is of recent discovery, and though generally, may not be universally known among the laity as a deadly poison, and its administration to another without this knowledge of its deadly effects may not necessarily be a crime. Hence there should be an averment that the accused knew it -to be a deadly poison.\nThere is error.\nPer Curiam. Judgment arrested.",
        "type": "majority",
        "author": "Bynum, J."
      }
    ],
    "attorneys": [
      "Attorney (general, for the State.",
      ". Messrs. Oeo. Wortham, and Merrimon, Fuller Ashe, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. WILLIS YARBOROUGH.\nIndictment-Poisoning \u2014 Defective Indictment.\nAn indictment for administering poison (strychnia) with intent to kill, which does not contain an averment that the defendant \u201cwell knew that the said strychnia was a deadly poison,\u201d is fatally defective,\nINDICTMENT for administering Poison with intent to kill, tried at Spring Term, 1877, of Geanville Superior Court, before Buxton, J.\nThe jury rendered a verdict of guilty and the defendant moved in arrest of judgment; for that the bill did not charge that the defendant administered the poison knowingly and secretly. His Honor overruled the motion and the defendant appealed.\nAttorney (general, for the State.\n. Messrs. Oeo. Wortham, and Merrimon, Fuller Ashe, for the defendant."
  },
  "file_name": "0524-01",
  "first_page_order": 538,
  "last_page_order": 539
}