State v. Ford
Supreme Court of North Carolina
Appeal by defendants from 0divert, J., at January Term, 1918, of Pitt. This is an indictment for larceny against three defendants, Davenport, Ford, and Carson. A verdict of guilty was returned against all of the defendants. The defendant Davenport does not appeal.
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Appeal by defendants from 0divert, J., at January Term, 1918, of Pitt. This is an indictment for larceny against three defendants, Davenport, Ford, and Carson. A verdict of guilty was returned against all of the defendants. The defendant Davenport does not appeal. The evidence for the State tends to prove that the railroad warehouse at Whitehurst, N. 0., was broken into on Saturday night, 31 March, 1917, and that goods were stolen therefrom; that the defendant Davenport and one other, who is not identified by the evidence, were present and participated in the larceny; that the goods were…
1Opinion of the CourtAlleN, J.
The doctrine of recent possession, as applied in the trial of indictments for larceny, frequently leads to the detection of a thief, when without it the guilty would go free,- but the temptation to shift evidence of guilt from one to another, and the ease with which stolen property may be left on the premises of an innocent person, make it imperative that the doctrine be kept within proper limits, and as Lord Hale says 2 Pleas of the Crown, 289, “It must be very warily pressed.”
Gaston, J., says in S. v. Smith, 24 N. C., 406, while discussing a charge to the jury that recent possession of…
2Cases cited6 opinions
- State v. . GravesSupreme Court of North Carolina · 1875
- State v. . SmithSupreme Court of North Carolina · 1842
- State v. . RecordSupreme Court of North Carolina · 1909
- State v. . RightsSupreme Court of North Carolina · 1880
- State v. AndersonSupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. . WeinsteinSupreme Court of North Carolina · 1944
- State v. FosterSupreme Court of North Carolina · 1966
- State v. SpencerSupreme Court of North Carolina · 1954
- State v. . HolbrookSupreme Court of North Carolina · 1943
- State v. . ReaganSupreme Court of North Carolina · 1923
9 more not listed; retrieve them via the Exa API.