TY but can you further elaborate as to what it might mean in reference to the charges against EB? ie. what exactly would be the offense described as common law and are tehre other types of forgery that would be described as INSERT DESCRIPTIVE WORD HERE forgery?
First, I'd like to say again that I'm not familiar with North Carolina law. But from the research I could do quickly, what it means in relation to this case is just that there is no specific statute that lists the elements of the crime of forgery. Rather, there is a common law definition. The
short answer is the source of the law doesn't really matter here. Whether the charge/conviction is based on common law or a statute isn't relevant to this discussion.
Here's a
longer explanation:
The 30th Judicial District Alliance of North Carolina has a web site for senior citizens. It gives the elements of crimes on
http://www.eldersafe.net/statutes2.html
For forgery, it states:
Common Law Forgery NC Common Law ******
Class I Felony
1.*makes, forges, or counterfeits
2.*a bill, note, warrant, check, order, or similar instrument drawn on any
financial institution or governmental unit or any officer of such an
institution or governmental unit, or
3.*a security purporting to be issued by or on behalf of any corporation,
financial institution, or governmental unit
4. with the intent to injure or defraud
5. any person, corporation, financial institution, or governmental unit.
For some crimes, the North Carolina General Assembly has enacted laws that state what constitutes the elements of the specific crime. These laws are called North Carolina General Statutes, abbreviated as N.C.G.S.
When the 30th Judicial District of North Carolina lists a crime that has been defined by statute, the name of the crime is followed by the statutory reference. For example,
First Degree Kidnapping N.C.G.S. 14-39
Class C Felony
The first part is the name of the crime (First Degree Kidnapping). It is then followed by the statute numbers (N.C.G.S. 14 through 39). Next it gives the classification (misdemeanor, felony, etc.). And then the specifics of what constitutes the crime as laid out by North Carolina statute.
Looking at the quote above on forgery, you will see that instead of giving a NCGS statute number after the name of the crime, it states "NC Common Law".
As for what it means to what EB is charged with, the derivation of the law (common law or statute) really makes no difference.