State v. . Neville
Supreme Court of North Carolina
Appeal from Daniels, J., at March Term, 1911, of Ala-MANCE. The defendant was indicted in the court below for the larceny of a mule, the property of Walter Sbepberd. The mule was last seen by its owner the fourth Sunday night in August, at about sundown, and it was not missed from the stable until the next day at about 4 o’clock a. m.
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Appeal from Daniels, J., at March Term, 1911, of Ala-MANCE. The defendant was indicted in the court below for the larceny of a mule, the property of Walter Sbepberd. The mule was last seen by its owner the fourth Sunday night in August, at about sundown, and it was not missed from the stable until the next day at about 4 o’clock a. m. He was found by Shepherd several weeks afterwards, near Martinsville, Va., with a saddle belonging to W. L. Spoon and a bridle belonging to the defendant, who lived with Spoon. After the mule was stolen, the defendant left home. John Cole, a witness for the…
1Opinion of the Court
Walxer, J.,
after stating the case: We will have to deal, in this case, largely with the question as to the nature of the evidence and its legal significance, and it is, therefore, necessary to examine the testimony introduced by the State and the defendant, in order to ascertain if, in any view of it, the defendant was entitled, without asking for them, to special instructions upon the law relating to recent possession and circumstantial evidence. We do not think the case called for specific instructions of the kind defendant now contends should have been given. The evidence, when properly…
2Cases cited9 opinions
- State v. Adams.Supreme Court of North Carolina · 1905
- State v. . FreemanSupreme Court of North Carolina · 1888
- State v. . GravesSupreme Court of North Carolina · 1875
- State v. MaultsbySupreme Court of North Carolina · 1902
- State v. Hullen.Supreme Court of North Carolina · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. AdcockSupreme Court of North Carolina · 1983
- State v. PorthSupreme Court of North Carolina · 1967
- State v. HolbrookOregon Supreme Court · 1920
- State v. TilleySupreme Court of North Carolina · 1954
- Dowdy v. United StatesCourt of Appeals for the Fourth Circuit · 1931
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