Legal Opinion

State v. . Holbrook

Supreme Court of North Carolina

Decided November 24, 1943PublishedCited by 32 opinions

1Opinion of the CourtStacy, C. J.

The defendant is charged with larceny and receiving. He challenges the sufficiency of the evidence to carry the case to the jury on either count. He was convicted of larceny. Nothing is said in the verdict about the second count. This is tantamount to an acquittal on the charge of receiving. S. v. Taylor, 84 N. C., 773; S. v. Hampton, 210 N. C., 283, 186 S. E., 251.

The defendant’s demurrer to the evidence was properly overruled. The evidence tends to connect him with the theft and permits the inference that he participated therein as principal. S. v. Williams, 219 N. C., 365, 13 S. E. (2d),…

2Cases cited23 opinions

  1. Wilson v. United StatesSupreme Court of the United States · 1896
  2. State v. . PattersonSupreme Court of North Carolina · 1878
  3. State v. . HamptonSupreme Court of North Carolina · 1936
  4. State v. . GravesSupreme Court of North Carolina · 1875
  5. State v. . BakerSupreme Court of North Carolina · 1938

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

3Cited by32 opinions

  1. State v. WilsonSupreme Court of North Carolina · 1985
  2. State v. BellSupreme Court of North Carolina · 1967
  3. State v. PedersonArizona Supreme Court · 1967
  4. State v. EppleySupreme Court of North Carolina · 1972
  5. State v. . WeinsteinSupreme Court of North Carolina · 1944

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

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