Legal Opinion

State v. . Coy

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 12 opinions

INDICTMENT for larceny, tried before Bryan, J., and a jury, at Spring Term, 1896, of Polk Superior Court. On the trial, Andrew Erwin, the prosecutor, testified that about a month before Christmas, 1895, he lost three chickens. His wife told him somebody was among his chickens. “ I was rocked, and my house was rocked, in the night time. I saw Jake Coy and Henry Holbut take the chickens. They knocked them out of the cedar trees. I never got the chickens back.

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INDICTMENT for larceny, tried before Bryan, J., and a jury, at Spring Term, 1896, of Polk Superior Court. On the trial, Andrew Erwin, the prosecutor, testified that about a month before Christmas, 1895, he lost three chickens. His wife told him somebody was among his chickens. “ I was rocked, and my house was rocked, in the night time. I saw Jake Coy and Henry Holbut take the chickens. They knocked them out of the cedar trees. I never got the chickens back. I ran them to the fence. ITolbut told Jake to get the axe. I spoke to them. Jake Coy said, ‘ Don’t blame this on Henry. He is at home in…

1Opinion of the Court

Eaijrolotii, O. J.

Indictment against the defendant for stealing chickens of Andrew Erwin. The prosecutor testified that he saw defendant and Henry Holbut take and carry off his chickens. They knocked them out of cedar trees. He went to the door with a light. They rocked him and his house. He ran them to the fence and ordered them not to take his chickens. He said he was well acquainted with both the parties and called them by name. He said on cross-examination that they knew him well. Ae saw them knock his chickens out of the tree. They knew him and knew that be saw them taking the chickens.…

2Cases cited4 opinions

  1. State v. . RileySupreme Court of North Carolina · 1893
  2. State v. . PowellSupreme Court of North Carolina · 1889
  3. State v. . GaitherSupreme Court of North Carolina · 1875
  4. State v. . LedfordSupreme Court of North Carolina · 1872

3Cited by12 opinions

  1. State v. Clark.Supreme Court of North Carolina · 1904
  2. State v. McCrarySupreme Court of North Carolina · 1965
  3. State v. . BarrettSupreme Court of North Carolina · 1898
  4. State v. . NealSupreme Court of North Carolina · 1897
  5. State v. HopkinsSupreme Court of North Carolina · 1902

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