State v. . James
Supreme Court of North Carolina
INDICTMENT for larceny tried at Fall Term, 1883, of Beaufort Superior Court, before Avery, J. The defendant is charged with stealing two barrels of pork, the property of A. N. Vail & Son. The indictment was found by the grand jury in Washington county and removed to Beaufort county for trial.
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INDICTMENT for larceny tried at Fall Term, 1883, of Beaufort Superior Court, before Avery, J. The defendant is charged with stealing two barrels of pork, the property of A. N. Vail & Son. The indictment was found by the grand jury in Washington county and removed to Beaufort county for trial. The evidence was, “ that a warehouse in which the pork was .stored was broken open on Saturday night before the finding of the bill, and the' pork taken therefrom; and it was found by witness on the following Tuesday morning in the water, near the bank of the Roanoke river, in the town of Plymouth — one…
1Opinion of the CourtMerrimoN, J.
There was evidence to prove the lai’ceny of the pork by some person, but in our judgment, what the defendant said to the witness did not constitute evidence to go to the jury to prove that he stole the pork, or received the same knowing it to have been stolen.
There was no fact or circumstance with tvhich he had any connection, so far as appears, tending to show his guilt, apart from what he said to, and did in the presence of, the witness. What he said about the pork may have been true; it might be, and was, so far as appears, consistent with his innocence; it did not naturally, necessarily…
2Cases cited3 opinions
- State v. . PattersonSupreme Court of North Carolina · 1878
- State v. . WhiteSupreme Court of North Carolina · 1883
- State v. . RiceSupreme Court of North Carolina · 1880
3Cited by9 opinions
- State v. . PowellSupreme Court of North Carolina · 1886
- State v. . BrackvilleSupreme Court of North Carolina · 1890
- Stewart v. StateCourt of Criminal Appeals of Texas · 1907
- State v. BrackvilleSupreme Court of North Carolina · 1890
- State v. . AtkinsonSupreme Court of North Carolina · 1885
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