Legal Opinion

State v. Davenport

Supreme Court of South Carolina

Decided February 23, 1893PublishedCited by 6 opinions

Before Fraser, J., Newberry, March, 1892. Indictment against John Davenport and Richard Davenport for grand larceny, committed in November, 1891. The judge charged the jury as follows: The defendants are charged with grand larceny — that is, feloniously taking and carrying away the personal property of another over the value of twenty dollars.

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Before Fraser, J., Newberry, March, 1892. Indictment against John Davenport and Richard Davenport for grand larceny, committed in November, 1891. The judge charged the jury as follows: The defendants are charged with grand larceny — that is, feloniously taking and carrying away the personal property of another over the value of twenty dollars. Larceny by that definition means the felonious taking and carrying away of the personal property of another; the stealing and taking and carrying it away with the intent fraudulently to deprive the owner of it. In this case, if the other elements of…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice McGowan.

The defendants were found guilty of grand larceny — stealing one bale of cotton, alleged to be the property of a “ginning firm,” c.omposed of Che defendant, Richard Davenport, and nine others, and alleged to be of the value of twenty dollars. They were sentenced to imprisonment in the State penitentiary for one year. A motion was made before the trial judge for a new trial, on the ground of newly discovered evidence, and errors of law charged by the *351presiding judge. These were overruled, and the defendants appeal to this court, upon…

2Cited by6 opinions

  1. State v. WilliamsSupreme Court of South Carolina · 1960
  2. Talbert v. United StatesDistrict of Columbia Court of Appeals · 1914
  3. State v. HolleySupreme Court of South Carolina · 1926
  4. Porter v. StateOhio Court of Appeals · 1917
  5. State v. BeltSupreme Court of South Carolina · 1923

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