Legal Opinion

State v. . Jackson

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 13 opinions

Indictment for larceny, found in the Superior Court of Cumberland County, but removed by tbe defendant to Harnett and tried in the Superior Court of that County at tbe last term, before bis Honor, Judge Buxton.

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Indictment for larceny, found in the Superior Court of Cumberland County, but removed by tbe defendant to Harnett and tried in the Superior Court of that County at tbe last term, before bis Honor, Judge Buxton. Tbe evidence on tbe trial was substantially; that the prosecutor, some time in tbe month of March, 1870, was in tbe defendant’s bar-room, in tbe town of Fayetteville, having around bis body, next to bis skin, a cloth belt containing money in United States Treasury notes, National Bank notes, two promissory notes of individual persons and' some other papers; that be was sick, and bis…

1Opinion of the CourtSettle, J.

The defence relied mainly upon the authority of the State v. Deal, 64 N. C. 270, but the facts of the two cases are so dissimilar, that we cannot perceive the analogy between them. In Deal’s case deception was resorted to, in order to get possession of the bond, which was the alleged subject of larceny, but the deception was practiced upon a man in the full possession of all Ms faculties, and only extended to getting possession of the bond, and was not calculated nor intended to conceal the fact that he did have the bond, or to evade the law. Further, he got possession of the bond under a…

2Cases cited1 opinion

  1. State v. . DealSupreme Court of North Carolina · 1870

3Cited by13 opinions

  1. State v. CarswellSupreme Court of North Carolina · 1978
  2. State v. WalkerCourt of Appeals of North Carolina · 1969
  3. State v. ChambersWest Virginia Supreme Court · 1883
  4. Latham v. . BellSupreme Court of North Carolina · 1873
  5. State v. . GreenSupreme Court of North Carolina · 1879

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