State v. . Jenkins
Supreme Court of North Carolina
INDICTMENT for Larceny, tried at Fall Term, 1877, of' Burke Superior Court, before Schenck, J. The defendant was charged with stealing meat, and the-property was laid in W. B. McDowell, the depot-agent, at. Morgan ton, of the W. N. C. R. R. Co. After the testimony was closed, the defendant’s counsel asked the Court to-charge the jury that the indictment could not be sustained, because the ownership of the property was in the Railroad,, and not in the agent.
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INDICTMENT for Larceny, tried at Fall Term, 1877, of' Burke Superior Court, before Schenck, J. The defendant was charged with stealing meat, and the-property was laid in W. B. McDowell, the depot-agent, at. Morgan ton, of the W. N. C. R. R. Co. After the testimony was closed, the defendant’s counsel asked the Court to-charge the jury that the indictment could not be sustained, because the ownership of the property was in the Railroad,, and not in the agent. This was declined, and the defendant excepted. Yerdict of Guilty. Judgment. Appeal by defendant. The goods of a corporation must be…
1Opinion of the CourtReade, J.
The only question which it is necessary to-consider is, whether the property in the goods stolen is properly laid in the indictment.
It is settled by all text writers, and it is familiar learning, that the property must be laid to be either in him who has the general property or in him who has a special property. It must at all events be laid to be in some one who has a property of some kind in the article stolen. It is not sufficient to charge it to be the property of one who is a mere-servant, although he may have had the actual possession at the time of the larceny; because having no…
2Cases cited1 opinion
- State v. . HillSupreme Court of North Carolina · 1878
3Cited by19 opinions
- State v. MillerSupreme Court of North Carolina · 1967
- State v. NugentSupreme Court of North Carolina · 1955
- State v. GreeneSupreme Court of North Carolina · 1976
- State v. . LawSupreme Court of North Carolina · 1946
- State v. EllisSupreme Court of North Carolina · 2015
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