State v. McNeeley

60 N.C. 234 | N.C. | 1864

Batbm? J.

The instrument offered in evidence by the defendant showed clearly that he was acting only as agent and not as assignee. If indeed the transaction between the parties was really intended as a sale of the privilege, instead of the appointment of an ag- nt, then it was an attempted fraud, and afforded no protection to the defendant. But the case was not presented t > the jury in that view, and the conviction cvnuot, therefore, be sustained on that ground. There •was'error in the charge of the J udge, for which the judgment should be reversed, and a venire de novo awarded.

Let this decís"on bo certilied to the Superior Court of law •f Burke County, that it may proceed according to law.