State v. . Craige
Supreme Court of North Carolina
INDICTMENT for larceny tried at Spring Term, 1883, of ObANGE Superior Court, before Gilmer, J. The state introduced as a witness one Orren Suggs, who testified that he and one C. P. Suggs were millers, and kept the mill of Mrs. Purifoy, in Orange county; that they both took charge of the mill in January, 1883, and at that time the defendant had wheat at the mill, in garner No. 54, amounting to forty and a half bushels, for which ho gave defendant a receipt; that he moved the…
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INDICTMENT for larceny tried at Spring Term, 1883, of ObANGE Superior Court, before Gilmer, J. The state introduced as a witness one Orren Suggs, who testified that he and one C. P. Suggs were millers, and kept the mill of Mrs. Purifoy, in Orange county; that they both took charge of the mill in January, 1883, and at that time the defendant had wheat at the mill, in garner No. 54, amounting to forty and a half bushels, for which ho gave defendant a receipt; that he moved the defendant’s wheat at the time he measured it into garner No. 53, and owing to certain circumstances, witness again…
1Opinion of the CourtAshe, J.
The only exception taken in the court below was to the refusal of His Honor to give" the instruction asked, that there Avas no asportation of the Avheat. There was no error in the refusal of the court to give the instruction.
Larceny is defined to be the felonious taking and carrying away the personal goods of another. 4 Blk., 229. There must not only be a taking but a carrying aAvay to constitute the crime. Arch. C. L., 190. And it is held by all the authorities that a bare removal from the place Avhere the goods are found by the thief, though he does not make off AA'ith them, is a sufficient…
2Cases cited3 opinions
- State v. . JonesSupreme Court of North Carolina · 1873
- State v. . GreenSupreme Court of North Carolina · 1879
- State v. . WalkerSupreme Court of North Carolina · 1882
3Cited by16 opinions
- State v. DixSupreme Court of North Carolina · 1973
- State v. . MitchemSupreme Court of North Carolina · 1924
- State v. KincaidSupreme Court of North Carolina · 1922
- People v. Ostrosky, New York County Courts1916
- State v. . KincaidSupreme Court of North Carolina · 1922
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