State v. . Arkle
Supreme Court of North Carolina
This was a CRIMINAL aotioN, tried at November Term, 1894, of ColuMbus Superior Court, before Brown, J. The defendant was indicted for larceny and receiving stolen goods, knowing them to have been stolen. The jury found the defendant guilty upon the first.count, his Honor having withdrawn the second count (receiving) from the consideration of the jury.
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This was a CRIMINAL aotioN, tried at November Term, 1894, of ColuMbus Superior Court, before Brown, J. The defendant was indicted for larceny and receiving stolen goods, knowing them to have been stolen. The jury found the defendant guilty upon the first.count, his Honor having withdrawn the second count (receiving) from the consideration of the jury. The following is the evidence for the State : J. B. Harrelson testified : On May 9, 1892, I started to Cerro Gordo on the W. 0. & N. E. E. at night about 8 o’clock. "When I got on tbe train I bad the pocket-book with me. This pocket-book…
1Opinion of the Court
Faiboloth, C. J. :
The defendant was indicted for stealing a pocket-book containing money, bank certificates and a check payable to the prosecutor, also for receiving the same knowing that they were stolen property. The second count was withdrawn and is out of the case.
In every instance there must be an original, felonious intent, general or special, at the time of the taking or finding of lost property, in the mind of the accused, to constitute larceny. If such intent be present, no subsequent act or explanation can change, the felonious character of the taking. If it be not present, it is…
2Cited by4 opinions
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