State v. . Green
Supreme Court of North Carolina
INDICTMENT for Larceny, tried at Spring Term, 1879, of Pitt Superior Court, before Seymour, J. The evidence was that the defendant who was in the employ of the prosecuting witness took the key of the witness’ safe from his pocket one morning before the witness had dressed, and went to his office, unlocked the safe, took therefrom a drawer containing money, completely removing the-same from the safe, and was handling the money when the witness detected him ; but the money was…
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INDICTMENT for Larceny, tried at Spring Term, 1879, of Pitt Superior Court, before Seymour, J. The evidence was that the defendant who was in the employ of the prosecuting witness took the key of the witness’ safe from his pocket one morning before the witness had dressed, and went to his office, unlocked the safe, took therefrom a drawer containing money, completely removing the-same from the safe, and was handling the money when the witness detected him ; but the money was not removed from the drawer. Thereupon the defendant’s counsel requested the court to charge the jury that there was no…
1Opinion of the CourtSmith, C. J.
The defendant has been twice convicted under an indictment containing two counts, one for the larceny of one dollar in money, and the other for feloniously receiving the like sum, once in the inferior, and again on his appeal in the superior court of Pitt county. The judgment in each court was the same, that the defendant be confined in the state prison for three years.
The only exception taken and presented in the appeal is to the refusal of the court to charge that the evidence failed to prove such asportation of the money as is necessary to-constitute larceny.
We think the judge was correct…
2Cases cited1 opinion
- State v. . JacksonSupreme Court of North Carolina · 1871
3Cited by11 opinions
- State v. KingSupreme Court of North Carolina · 1980
- State v. CarswellSupreme Court of North Carolina · 1978
- State v. WalkerCourt of Appeals of North Carolina · 1969
- State v. ChambersWest Virginia Supreme Court · 1883
- People v. Ostrosky, New York County Courts1916
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