In any indictment wherein it is necessary to state the ownership of any property whatsoever, whether real or personal, which belongs to, or is in the possession of, more than one person, whether such persons be partners in trade, joint tenants or tenants in common, it is sufficient to name one of such persons, and to state such property to belong to the person so named, and another or others as the case may be; and whenever, in any such indictment, it is necessary to mention, for any purpose whatsoever, any partners, joint tenants or tenants in common, it is sufficient to describe them in the manner aforesaid; and this provision shall extend to all joint-stock companies and trustees. (R.C., c. 35, s. 19; Code, s. 1188; Rev., s. 3250; C.S., s. 4618.)
Notes of Decisions
Cited in
3
cases, 1957–1972 · leading case:
State v. Gallimore, 158 S.E.2d 505 (N.C. 1968).
State v. Gallimore, 158 S.E.2d 505 (N.C. 1968).
· cites it 3× “The Court cited as authority for holding the count sufficient: Revisal § 3250 (now G.S. 15-148) ; State v. Capps, 71 N.C. 93 , and State v.”
State v. Cooke, 98 S.E.2d 885 (N.C. 1957).
· cites it 3× “Our statute G.S. § 15-148—Manner of alleging joint ownership of property—does not permit the amendments allowed in the instant case.”
State v. Haigler, 188 S.E.2d 586 (N.C. Ct. App. 1972).
“By making the amendment to the second and third counts in the bill, the solicitor in the case before us was paying little, if any, attention to the well-established principle of law that the substance of a bill of indictment used in a trial may not be amended by the court or the…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.