{
  "id": 8698734,
  "name": "STATE v. ALEXANDER EDWARDS",
  "name_abbreviation": "State v. Edwards",
  "decision_date": "1884-02",
  "docket_number": "",
  "first_page": "710",
  "last_page": "710",
  "citations": [
    {
      "type": "official",
      "cite": "90 N.C. 710"
    }
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  "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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      "category": "reporters:state",
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        8693804
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    {
      "cite": "88 N. C., 654",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8683477
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      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "82 N. C., 653",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8683464
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      "opinion_index": 0,
      "case_paths": [
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  "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. ALEXANDER EDWARDS."
    ],
    "opinions": [
      {
        "text": "Asiie, J.\nThe defendant is indicted for burning an uninhabited house, which by statute is made a misdemeanor (Bat. Rev.,' ch. 32, \u00a793), and the defendant moved to arrest judgment upon the ground that the offence, being only a misdemeanor, is charged to have'been done \u201c feloniously,\u201d and that the indictment was therefore defective. But this court has repeatedly held that the use of the term \u201cfeloniously\u201d in an indictment for a misdemeanor does not raise the grade of the offence, and the word is to be treated as surplusage : that calling a misdemeanor a felony does not make it one. State v. Slagle, 82 N. C., 653 ; State v. Watts, Ib., 656 ; State v. Slaton, 88 N. C., 654; State v. Upchurch, 9 Ired., 454. There is error.\nError.\nReversed.",
        "type": "majority",
        "author": "Asiie, J."
      }
    ],
    "attorneys": [
      "Attorney-General, for the State.",
      "Messrs. J. W. Hinsdale and W. A. Guthrie, for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. ALEXANDER EDWARDS.\nIndictment.\nAn indictment charging a misdemeanor as a felony does not raise the grade-of the oflfence : calling it a felony does not make it one.\n(Stale v. Slagle, S3 N. C., C53; Stale v. Watts, Jb., G56; State v. Staton, S3 NT. C., 6-34; State v. Upchurch, 9 Ired., 4S4, cited and approved).\nINDICTMENT for burning an uninhabited house tried at January Term, 1884, of CUMBERLAND Superior Court, before dlaePute, J.\nThe indictment was found at fall tern:, 1883, and is in substance as follows: The jurors, &c., present that the defendant, &c., did unlawfully, wilfully, maliciously and feloniously set-lire to and burn a certain uninhabited house, the property of J. C. Blocker, with intent to destroy said house and to injure said Blocker, contrary, &c.\nThe jury- returned a verdict- of guilty, and the defendant-moved in arrest of judgment, which motion was sustained and the state solicitor appealed.\nAttorney-General, for the State.\nMessrs. J. W. Hinsdale and W. A. Guthrie, for defendant."
  },
  "file_name": "0710-01",
  "first_page_order": 726,
  "last_page_order": 726
}