Orange County NcArchives Court.....Fanning - Indictment, Edward 1770
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Connie Ardrey n/a August 12, 2009, 1:41 pm

Source: Colonial Records Of North Carolina
Written: 1770

Report by John Morgan concerning an indictment against Edmund Fanning
Morgan, John
August 06, 1770 
Volume 08, Pages 225-226

I think this Indictmt vague & uncertain, so that it could not be supported, on 
a Writ of Error — There are not any of ye Indorsements mentioned (tho' that is 
matter of Evidence) — Nor any peculiar specification of the Deed — not even 
the date — nor any other Marks, whereby it could be distinguished from 
another, between persons of ye same names, for the like quantity of Land in ye 
same County—And for other reasons, unnecessary to Enumerate.

JOHN MORGAN.

Inner Temple, 6th Augt 1770. 

With respect to the last question, on Mr Fanning's Case, I conceive a full 
answer is given in my former opinion. [See page 33 ante.—Editor.] I do not see 
the least foundation, for criminating the Defendant, and I am therefore 
clearly of opinion, he ought, in every respect, to be Exculpated.

In my opinion on the Second Question, I observed that a Prosecutor had his 
Election, either to proceed for the Penalty, by action; or for Criminal 
punishment, by Indictment.

This, perhaps, hath induced a Supposition, that I doubted, with respect to the 
Case in question. But, if my answer is reconsidered, I apprehend 'twill 
clearly appear, I was only attempting to Elucidate (if it required any 
Elucidation) the Second section of the Act of Assembly, & to shew that it doth 
not restrain the operation of the Common Law — Yet I had not, nor could I have 
it in contemplation to apply any Criminality to Mr Fanning.

JOHN MORGAN.

Inner Temple, 6th Augt 1770.

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