State v. . Roper
Supreme Court of North Carolina
The défendant was indicted for petit larceny in stealing a shawl. Upon the trial before SwaiN Judge, at Iredell, on the last circuit, many witnesses were examined, and the result,of all the testimony was as follows: An exhibition of wild animals took place, in which the animals were placed on the inside of a circular tent? a chain was stretched so as to form a ring within the tent, the animals were between the chain and the sides of the tent, and the spectators admitted into…
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The défendant was indicted for petit larceny in stealing a shawl. Upon the trial before SwaiN Judge, at Iredell, on the last circuit, many witnesses were examined, and the result,of all the testimony was as follows: An exhibition of wild animals took place, in which the animals were placed on the inside of a circular tent? a chain was stretched so as to form a ring within the tent, the animals were between the chain and the sides of the tent, and the spectators admitted into the ring, formed by the chain — that upon one occasion, when the ring was full of spectators, the defendant was leaning…
1Opinion
This case does not present the question whether lost property is the object of larceny, for the original taking of the shawl from the ground was not attended by any circumstance from which a felonious intent could be inferred; it was not done clam et secrete, but openly and publicly. The fraudulent and secret conversion (476) of it afterwards to the defendant's use could not impress a larcenous character on the original taking; at most, it would only be evidence of the original intent, and the open and public manner in which the act was done precludes all idea of a larcenous intent, and…
2Cases cited2 opinions
- People v. AndersonNew York Supreme Court · 1817
- State v. . WilliamsSupreme Court of North Carolina · 1848