Legal Opinion

State v. . Grant

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 18 opinions

Larceny — Indictment— Ownership — Evidence— Corporation. The defendánt was tried before Clark, J., at Fall Term,. 1889, of Swain Superior Court, on an indictment charging the larceny of a barrel of kerosene oil, the property of “The Richmond and Danville Railroad Company.”

Read the full summary

Larceny — Indictment— Ownership — Evidence— Corporation. The defendánt was tried before Clark, J., at Fall Term,. 1889, of Swain Superior Court, on an indictment charging the larceny of a barrel of kerosene oil, the property of “The Richmond and Danville Railroad Company.” In the course of the trial, the State introduced a witness who testified “ that he was the agent for the Richmond and • Danville Railroad Company at Jarret’s Station, in said county; that said company was, publicly and universally, known by that name in this section as a common carrier, operating the only railroad in that…

1Opinion of the CourtShepherd, J.

— after stating the case:

1. We are clearly of the opinion that it was unnecessary to produce the charter in order to prove that the prosecutor was an incorporated company.

In Railroad v. Langton, L. R. 2 Q. B. D., 296, 46 L. J. M. C., 136, “ it was held that it was not necessary to produce the certificate of incorporation of a company, but that the existence of the company was sufficiently proved by evidence that it had carried on business as such.” Roscoe’s Crim. Ev., 868. To the same effect is Whart. Crim. Law, 1828; People v. Swartz, 32 Cal., 160; People v. Davis, 31 Wend., 309; Reed v.…

2Cases cited4 opinions

  1. People v. SchwartzCalifornia Supreme Court · 1867
  2. Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
  3. State v. . BellSupreme Court of North Carolina · 1871
  4. State v. Western North Carolina RailroadSupreme Court of North Carolina · 1886

3Cited by18 opinions

  1. Thalheim v. StateSupreme Court of Florida · 1896
  2. State v. ThorntonSupreme Court of North Carolina · 1960
  3. Mattox v. StateSupreme Court of Georgia · 1902
  4. State v. SavageOregon Supreme Court · 1900
  5. State v. SowellSupreme Court of South Carolina · 1910

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API