State v. . Scott
Supreme Court of North Carolina
Largely of a horse, tried before Tourgee, J., at Spring Term 1870, of Oraet&b Court. It was shown that the defendant borrowed the horse of his owner, at that time in Hillsboro’, in order to ride to a place about one mile from town. He was directed by the owner to hitch the horse on coming back, about a certain place; not where he was when taken.
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Largely of a horse, tried before Tourgee, J., at Spring Term 1870, of Oraet&b Court. It was shown that the defendant borrowed the horse of his owner, at that time in Hillsboro’, in order to ride to a place about one mile from town. He was directed by the owner to hitch the horse on coming back, about a certain place; not where he was when taken. The defendant, however, on .coming back, hitched the horse at a different place, behind a grocery ; and alterwards rode him off, and never returned him. The defendant asked his Honor to charge, that if the owner lent the horse to him, he was not…
1Opinion of the CourtSettle, J.
His Honor charged the jury u that if the defendant borrowed the horse with an intent, existing at the time of the borrowing, to steal him; or,.if he returned .the horse to the place he was directed and afterwards rode him off, he was guilty of larceny.” The charge is in the alternative, and the error is supposed to exist in the first proposition, to wit: “ that if the defendant borrowed the horse with: an intent existing at the time of the borrowing, to steal him, he was guilty of larceny.” There can be no doubt as to the soundness of this proposition; it is fully sustained by authority : 2…
2Cited by10 opinions
- Evans v. United StatesSupreme Court of the United States · 1894
- Bost v. . BostSupreme Court of North Carolina · 1882
- State v. . BoonSupreme Court of North Carolina · 1880
- Moore v. . ParkerSupreme Court of North Carolina · 1884
- State v. . HinsonSupreme Court of North Carolina · 1880
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