{
  "id": 8698712,
  "name": "STATE v. G. H. CRUMPLER",
  "name_abbreviation": "State v. Crumpler",
  "decision_date": "1884-02",
  "docket_number": "",
  "first_page": "701",
  "last_page": "702",
  "citations": [
    {
      "type": "official",
      "cite": "90 N.C. 701"
    }
  ],
  "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": {
    "cardinality": 181,
    "char_count": 2687,
    "ocr_confidence": 0.467,
    "sha256": "7a119f23d7fdcf2247fc4828e6a18c817493a8c5aab18afc3efb4c53233b77f8",
    "simhash": "1:a75fdb085aeac89f",
    "word_count": 459
  },
  "last_updated": "2023-07-14T20:11:38.032493+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. G. H. CRUMPLER."
    ],
    "opinions": [
      {
        "text": "Ashe, J.\nThe cause assigned for the arrest of judgment is groundless. The offence of obtaining goods by false pretence is a misdemeanor, because it is not made a felony by statute. Bat. Rev., ch. 32, \u00a767.\nBut we think His Honor committed an error in sentencing the defendant to four month\u2019s imprisonment in the county jail. The punishment imposed was the punishment for a misdemeanor at common law', which His Honor had no right to award. \u201cOffences made misdemeanors by statute, where a specific punishment is not prescribed, shall be punished as misdemeanors at common law; but the punishment prescribed in section 29 of this chapter shall be used only for crimes that are infamous or done in secrecy and malice, or done with deceit and intent to defraud.\u201d Bat. Rev., ch. 32, \u00a7108.\nFor the offence of obtaining goods by false pretence, the legislature has prescribed a specific punishment, and His Honor had no power to impose any other punishment than that mentioned by the statute. In section 67, supra, the offence of obtaining goods by false pretence is defined, and the punishment prescribed is either by a fine not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the penitentiary of the state for a term not less than one year or more than five years, or both, at the discretion of the court.\nThe provisions of this statute have not been changed in an)\"-fespect by The Code \u2014 see section 1026.\nThere is error. Let this be certified to the superior court of Cumberland county that that court mav proceed to judgment in conformity to this opinion and the law.\nError in the judgment pronounced.",
        "type": "majority",
        "author": "Ashe, J."
      }
    ],
    "attorneys": [
      "Attorney-General, for the State.",
      "Messrs. E. W. Kerr and Walter Clark, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. G. H. CRUMPLER.\nFolse Pretence \u2014 Punishment.\nThe offence of obtaining goods by false pretence is a misdemeanor punishable by fine not less than \u00a7100 nor more than \u00a71,000, or by imprisonment in the penitentiary for not less than one nor more than five years, or both, at the discretion of the court.\nINDICTMENT for false pretence tried at Spring Term, 1883, of Cumberland Superior Court, before Shipp, J.\nThe indictment is in t'he usual form charging the offence as a misdemeanor. After verdict of guilty, the counsel for defendant moved in arrest of judgment upon the ground that the offence of obtaining goods by false pretence is a felony, and the word \u201cfeloniously,\u201d which ivas necessary to characterize the offence, having been omitted in the indictment, no offence against the criminal law' of the state is charged. The motion was overruled by the court, and the defendant appealed from the judgment pronounced \u2014 four months in the county jail.\nAttorney-General, for the State.\nMessrs. E. W. Kerr and Walter Clark, for the defendant."
  },
  "file_name": "0701-01",
  "first_page_order": 717,
  "last_page_order": 718
}