State v. . Hill
Supreme Court of North Carolina
INDICTMENT for larceny, tried at Fall Term, 1893, of Bertie Superior Court, before Bynum, J., and a jury. It appeared on the trial that the defendant took some meat from a store to a cart belonging to Godwin, but to which his own oxen were hitched. Pie claimed that Charles Godwin asked him to cany out the meat, which Godwin said was bis. • The meat was discovered under the shucks in the cart.
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INDICTMENT for larceny, tried at Fall Term, 1893, of Bertie Superior Court, before Bynum, J., and a jury. It appeared on the trial that the defendant took some meat from a store to a cart belonging to Godwin, but to which his own oxen were hitched. Pie claimed that Charles Godwin asked him to cany out the meat, which Godwin said was bis. • The meat was discovered under the shucks in the cart. There was conflicting testimony as to the manner in which defendant carried the moat from the store, one witness saying he put it under his overcoat, and another that ho hold it in front of his body as…
1Opinion of the Court
Aveky, J.:
Secrecy is usually a part of the evidence of á felonious intent, but it is not an essential accompaniment so as to make it incumbent on the State to show an attempt to conceal the taking in every instance. State v. Powell, 103 N. C., 424; State v. Fisher, 70 N. C., 78. In the most favorable aspect of the testimony as to the manner of taking and carrying the meat out of the store, the question of the intent of the defendant was one for the jury, and whether he went out of the store carrying it in front of him or under his overcoat, it was proper for the Court below to leave the jury…
2Cases cited7 opinions
- Kerchner v. . McRaeSupreme Court of North Carolina · 1879
- State v. . BryanSupreme Court of North Carolina · 1883
- Hudson v. . JordanSupreme Court of North Carolina · 1891
- State v. . WeddingtonSupreme Court of North Carolina · 1889
- State v. . PowellSupreme Court of North Carolina · 1889
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3Cited by4 opinions
- Massey v. . AlstonSupreme Court of North Carolina · 1917
- State v. . UsserySupreme Court of North Carolina · 1896
- State v. AlbertOregon Supreme Court · 1926
- Jones v. D. L. Taylor & Co.Supreme Court of North Carolina · 1920