State v. Fox
Supreme Court of North Carolina
INDICTMENT for larceny and receiving stolen goods, knowing them to have been stolen, tried before Shipp, Judge, and a jury, at July Term, 1885, of Alexandeb Superior Court. The indictment was preferred against the defendant Fox, and one Miller, and the defendant Fox was alone put on trial. The indictment contained two counts, the one for the larceny of a quart of whiskey, the property of one Hedrick, and the other receiving it, knowing it to have been stolen.
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INDICTMENT for larceny and receiving stolen goods, knowing them to have been stolen, tried before Shipp, Judge, and a jury, at July Term, 1885, of Alexandeb Superior Court. The indictment was preferred against the defendant Fox, and one Miller, and the defendant Fox was alone put on trial. The indictment contained two counts, the one for the larceny of a quart of whiskey, the property of one Hedrick, and the other receiving it, knowing it to have been stolen. The evidence in' the case showed, that Fox, on the day the larceny was committed, told Hedrick, the prosecutor, that he had no whiskey,…
1Opinion of the CourtAshe, J.
(after stating the facts). We do not understand why his Honor should have instructed the jury, that if Miller stole the whiskey, and that, if they should believe that the defendant was an aider and abettor, or the receiver of the whiskey knowing it to have been stolen, he was guilty in the one aspect or the other, when all the evidence pointed directly to Fox, as the person who committed the theft, and that Miller was the aider and abettor. But there was no error in the charge, for the jury were satisfied, and we thiuk there was evidence sufficient to lead them to the conclusion, that Miller…
2Cited by6 opinions
- State v. BennettSupreme Court of North Carolina · 1953
- State v. . SkeenSupreme Court of North Carolina · 1921
- State v. . JohnsonSupreme Court of North Carolina · 1946
- State v. . WhitehurstSupreme Court of North Carolina · 1932
- State v. . DailSupreme Court of North Carolina · 1926
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