Legal Opinion

State v. . Gaither

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 5 opinions

Indictment, larceny, tried before his Honor, Judge Fchenck at the Fall Term, I8J4, of the Superior Court of Cabakeus county. The defendant was charged with stealing Mrs. Mary Groner’s chickens, and on the trial in the Court below, the following facts were established. The defendant lived with a Mr. Li taker, whose premises adjoined those of Mrs. Groner, the prosecutrix.

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Indictment, larceny, tried before his Honor, Judge Fchenck at the Fall Term, I8J4, of the Superior Court of Cabakeus county. The defendant was charged with stealing Mrs. Mary Groner’s chickens, and on the trial in the Court below, the following facts were established. The defendant lived with a Mr. Li taker, whose premises adjoined those of Mrs. Groner, the prosecutrix. She, Mrs. Groner, had a flock of some twenty or more chickens, and about the 1st March, her chickens began to disappear, one and sometimes two at a time. About this time, she noticed a trap or box near Litaker’s hog pen. Early…

1Opinion of the CourtReade, J.

The facts stated produce a strong impression on our minds that the defendant ought not to have been convicted He lived in Litaker’s family, and both Litaker and his wife-told him that the chickens were disturbing the garden, and that he must catch them ; and they claimed the chickens as their own. The defendant did catch them in the day time when they were “ squalling,” and carried them to Litaker’s kitchen, and gave them to the cook ; and Mrs. Litaker ordered them to be cooked ; and they were cooked, and were eaten at Litaker’s table. The only fact that tends to show- evil conduct on the…

2Cited by5 opinions

  1. State v. Clark.Supreme Court of North Carolina · 1904
  2. State v. . CoySupreme Court of North Carolina · 1896
  3. State v. . JourniganSupreme Court of North Carolina · 1897
  4. State v. . EllickSupreme Court of North Carolina · 1864
  5. State v. Clark.Supreme Court of North Carolina · 1904

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