State v. . Mincher
Supreme Court of North Carolina
Appeal! by defendant from Daniels, J., at tbe April Term, 1919, of IiENOIR,. Tbe defendant appeals from a judgment pronounced upon an indictment, charging in one count larceny, and in tbe.other receiving one gold watch, three pieces of English gold coin, and one two and a half gold piece of U. S. coin, the property of E. A. Adrey. Tbe State’s evidence tended to show tbat tbe defendant bad been for six years an overseer of tbe convict road force of Lenoir County.
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Appeal! by defendant from Daniels, J., at tbe April Term, 1919, of IiENOIR,. Tbe defendant appeals from a judgment pronounced upon an indictment, charging in one count larceny, and in tbe.other receiving one gold watch, three pieces of English gold coin, and one two and a half gold piece of U. S. coin, the property of E. A. Adrey. Tbe State’s evidence tended to show tbat tbe defendant bad been for six years an overseer of tbe convict road force of Lenoir County. Among tbe other prisoners, under the control of and worked by tbe defendant at tbe convict camp of the county, was Will Gorham, who…
1Opinion of the CourtAlleN, J.
It has, been the uniform practice in this State to join a count for larceny with one for receiving in one indictment, and this has been repeatedly approved. S. v. Baker, 70 N. C., 685; S. v. Stancill, at this term.
The evidence as to the watch and the article from the Daily News belong to'the same class of testimony, and both were competent on the question of guilty knowledge.
The defendant admitted he received the watch as well as the property charged in the indictment from Gorham, a convict in his charge, who had lio opportunity to make money, and who was in the habit of leaving camp at…
2Cases cited6 opinions
- State v. . MurphySupreme Court of North Carolina · 1881
- Yarborough v. StateSupreme Court of Alabama · 1868
- Tharp v. StateSupreme Court of Alabama · 1849
- Gray v. . CartwrightSupreme Court of North Carolina · 1917
- State v. . NortonSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. BooneSupreme Court of North Carolina · 1984
- State v. KnightSupreme Court of North Carolina · 1964
- State v. McClainSupreme Court of North Carolina · 1954
- State v. StricklandSupreme Court of North Carolina · 1957
1 more not listed; retrieve them via the Exa API.