State v. . Patterson
Supreme Court of North Carolina
INDICTMENT for Larceny, tried at January Special Term, 1878, of Northampton Superior Court, before McKoy, J. The defendant was indicted in two counts, one for larceny and the other for felonious receiving forty pounds of lint cotton, the property of the Seaboard and Roanoke Railroad Company.
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INDICTMENT for Larceny, tried at January Special Term, 1878, of Northampton Superior Court, before McKoy, J. The defendant was indicted in two counts, one for larceny and the other for felonious receiving forty pounds of lint cotton, the property of the Seaboard and Roanoke Railroad Company. On the trial the State introduced witnesses who -testified to the following facts : On the night of December 22d, 1877, lint cotton was taken from certain bales of cotton in possession of the company for Uansportation, while of the plat-foi'm of the company’s ware-house. On the same night four guano bags…
1Opinion of the CourtSmith, C. J.
(After stating the facts as above.) The only •question arising on the record for us to consider is; — Was there any evidence of the larceny, or of the felonious receiving, which warranted the conviction of the defendant ?
If there was no evidence, or if the evidence was so slight as not reasonably to warrant the inference of the defendant’s guilt, or furnish more than materials for á mere suspicion, it was error to leave the issue to be passed on by the jury, .and they should have been directed to acquit. Cobb v. Fogleman, 1 Ire. 440; State v. Williams, 2 Jones 194. IfT. however, there was…
2Cases cited1 opinion
- State v. . KentSupreme Court of North Carolina · 1871
3Cited by37 opinions
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- State v. JoynerSupreme Court of North Carolina · 1980
- State v. . WeinsteinSupreme Court of North Carolina · 1944
- State v. FosterSupreme Court of North Carolina · 1966
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