Legal Opinion

State v. . Williams

Supreme Court of North Carolina

Decided December 5, 1848PublishedCited by 5 opinions

Appeal from the Superior Court of Law of Sampson County, at the Fall Term, 1848, his Honor Judge Pearson presiding. The prisoner was indicted in eleven counts. The first charged, that he, “a certain male slave named Jim, of the value of ten dollars, and the property of Wm. D. Cobb, felonionly did steal, take, and carry away, contrary to the form of the statute” &c.

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Appeal from the Superior Court of Law of Sampson County, at the Fall Term, 1848, his Honor Judge Pearson presiding. The prisoner was indicted in eleven counts. The first charged, that he, “a certain male slave named Jim, of the value of ten dollars, and the property of Wm. D. Cobb, felonionly did steal, take, and carry away, contrary to the form of the statute” &c. Another count charged that he “did by seduction, feloniously take and carry away, a certain male slave named Jim, of the value of ten dollars, and the property of William D. Cobb, with an intention to sell or dispose of said slave…

1Opinion of the CourtRuffin, C. J.

Under the instructions it is to be assumed, that the prisoner did not know the negro belonged to Cobb, though we think it might well, have been left to the jury, that he did. The residence of those persons within nine miles of each other in the same County, that of the prisoner being at a very public place, and the extreme probability that the prisoner, if before ignorant, would en-quire and learn from the negro, who his owner was, and where he lived, in order to shape his course so as to avoid him, would seem to afford a fair presumption, that the prisoner had information in whom the…

2Cited by5 opinions

  1. State v. . DavisSupreme Court of North Carolina · 1815
  2. State v. . HallSuperior Court of North Carolina · 1799
  3. State v. . JernaganSupreme Court of North Carolina · 1817
  4. State v. . RoperSupreme Court of North Carolina · 1832
  5. State v. . SparrowSupreme Court of North Carolina · 1817

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