State v. . Whitaker
Supreme Court of North Carolina
INDICTMENT for larceny tried at Spring Term, 1883, of Halifax Superior Court, before Philips, J. The indictment contained two counts — one for stealing a quantity of cotton, the property of James H. Parker, and the other for feloniously receiving the cotton, knowing it to have been ■stolen. Upon the trial in the inferior court of Halifax, before Thos.
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INDICTMENT for larceny tried at Spring Term, 1883, of Halifax Superior Court, before Philips, J. The indictment contained two counts — one for stealing a quantity of cotton, the property of James H. Parker, and the other for feloniously receiving the cotton, knowing it to have been ■stolen. Upon the trial in the inferior court of Halifax, before Thos. N. Hill and associate justices, in which the prosecution 'commenced, the defendant pleaded “not guilty," and the jury returned for their verdi.ctthat the defendant “is guilty of receiving stolen cotton.” On motion-of the defendant, judgment was…
1Opinion of the CourtAshe, J.
The record does not disclose upon what ground the judgment was arrested, but we presume it was because it was considered that the verdict of the jury ivas insensible, or not responsive to the issue presented for their consideration.
The charge was that the defendant received the cotton of one James H. Parker, knowing it to have been stolen, and the jury find “he is guilty of receiving stolen cotton.” The finding is very informal and uncertain, and not responsive to the indictment. What cotton do they find was received? To whom did it belong ? Did the defendant, at the time of receiving it,…
2Cases cited1 opinion
- State v. . HudsonSupreme Court of North Carolina · 1876
3Cited by26 opinions
- State v. DeWittSupreme Court of Missouri · 1905
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. . WhitleySupreme Court of North Carolina · 1935
- State v. . PerrySupreme Court of North Carolina · 1945
- Blackshare v. StateSupreme Court of Arkansas · 1910
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