State v. . Speight
Supreme Court of North Carolina
This was an indictment consisting of two counts, the first for larceny and the second for receiving stolen goods, to-wit: ten gallons of spirits of turpentine, knowing them to have been stolen.
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This was an indictment consisting of two counts, the first for larceny and the second for receiving stolen goods, to-wit: ten gallons of spirits of turpentine, knowing them to have been stolen. The defendant was first tried on the indictment at October Term, 1872, of the Superior Court of New Hanover county, when his Honor, Russell, J., charged the jury that if they were satisfied that the defendant either stole the turpentine ol received it, knowing it to have been stolen, then they should say guilty, and no more, whereupon the jury returned a verdict “ guilty of receiving stolen goods.” A…
1Opinion of the CourtPearson, C. J.
The prisoner was charged in two counts, first, for stealing the spirits of turpentine; second, for receiving the spirits of turpentine, knowing the article to be stolen. On the first trial the Judge charged that it was not necessary for the jury to decide whether he stole the article or received it, knowing it to have been stolen. This charge was authorized by State v. Williams, 9 Ired. 151, where it is held it is sufficient if the jury be satisfied that the prisoner is guilty in one of the modes well charged, because as the offenses are of the same grade, and the punishment the same, “ the…
2Cited by17 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. . GeeSupreme Court of North Carolina · 1885
- State v. McEachernSupreme Court of North Carolina · 1973
- State v. . LawrenceSupreme Court of North Carolina · 1879
- State v. . MalpassSupreme Court of North Carolina · 1925
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