State v. . Davidson
Supreme Court of North Carolina
The DEFENDANT was convicted of larceny in Criminal Circuit Court of BuNCOmbe County — was sentenced to four years’ imprisonment, and appealed to tbe Superior Court— tbe case was remanded to tbe Criminal Court for a proper sentence, for tbe reason that tbe bill charged the value at $1, but did not charge it was a second offence. Tbe State appealed.
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The DEFENDANT was convicted of larceny in Criminal Circuit Court of BuNCOmbe County — was sentenced to four years’ imprisonment, and appealed to tbe Superior Court— tbe case was remanded to tbe Criminal Court for a proper sentence, for tbe reason that tbe bill charged the value at $1, but did not charge it was a second offence. Tbe State appealed. Be-it remembered, that at tbe January, 1899, Term of tbe Criminal Circuit Court of Buncombe County, a bill of indictment was duly found, charging tbe defendant, Abe Davidson, with tbe larceny of certain personal property, which said bill of…
1Opinion of the Court
OuaRe:, J.
Acts 1895, Ob. 285, Section 1, provides, “In all cases of larceny where the value of the property stolen does not exceed $20 the punishment shall for the first offence not exceed imprisonment in the penitentiary or common jail, for a longer term than one year.” Section 2 excepts from the operation of this Act larceny from the person or from a dwelling by breaking and entering in the day time. Section 3 provides that in all cases of doubt the jury shall fix in the verdict the value of the property stolen.
In the present case the defendant was convicted of larceny in the Criminal…
2Cases cited3 opinions
- State v. . HarrisSupreme Court of North Carolina · 1896
- State v. . BynumSupreme Court of North Carolina · 1895
- State v. . HinsonSupreme Court of North Carolina · 1898
3Cited by20 opinions
- State v. CooperSupreme Court of North Carolina · 1962
- State v. . FowlerSupreme Court of North Carolina · 1927
- State v. ColeSupreme Court of North Carolina · 1955
- In Re HolleySupreme Court of North Carolina · 1910
- State v. . McCollumSupreme Court of North Carolina · 1940
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