State v. . McCoy
Supreme Court of North Carolina
INDICTMENT tried at Spring Term, 1883, of Madison Superior' Court, before Avery, J. The bill contained two counts, one for larceny and the other as follows, to-wit: “And the jurors for the state, upon their oaths aforesaid, do further present, that the said George McCoy, on the day and year aforesaid, with force and arms, at and in the county aforesaid, two bushels of corn of the value of two dollars, of the goods, chattels and moneys of one J. G. Roberts and the said George…
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INDICTMENT tried at Spring Term, 1883, of Madison Superior' Court, before Avery, J. The bill contained two counts, one for larceny and the other as follows, to-wit: “And the jurors for the state, upon their oaths aforesaid, do further present, that the said George McCoy, on the day and year aforesaid, with force and arms, at and in the county aforesaid, two bushels of corn of the value of two dollars, of the goods, chattels and moneys of one J. G. Roberts and the said George McCoy, the said two bushels of corn being the joint and undivided property, goods, chattels and moneys of the said J.…
1Opinion of the CourtAshe, J.
The bill charges that the corn alleged to have been ■stolen was of the goods, chattels and moneys of one J. G. Roberts and the defendant George McCoy.”
Lobd Hale says: “Regularly a man cannot commit felony of goods whenever he hath property. If A and B be joint tenants or tenants in common of an horse, and A tabes the horse, possibly animo furandi, yet this is not felony, because one tenant in common, taking the whole, doth but what by the law he may do.” Yol. I, p. f515. And the reason for this is, that there is in fact no taking, for he is already in possession, and talcing is ai material…
2Cases cited2 opinions
- State v. . WebbSupreme Court of North Carolina · 1882
- State v. . CopelandSupreme Court of North Carolina · 1882
3Cited by2 opinions
- People v. CainCalifornia Court of Appeal · 1907
- State v. ParkerUtah Supreme Court · 1943