State v. . Fisher
Supreme Court of North Carolina
INDICTMENT, Larceny, tried at the Spring Term, 1873, of BladeN Superior Court, before his Honor, liussell, J. The defendant was charged with stealing a hog, the property of one Averett. The evidence on the part of the State was, that Averett lost his hog and found it in the pen of defendant, with the mark just changed to that of defendant When the hog left it was in his, Averett’s mark.
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INDICTMENT, Larceny, tried at the Spring Term, 1873, of BladeN Superior Court, before his Honor, liussell, J. The defendant was charged with stealing a hog, the property of one Averett. The evidence on the part of the State was, that Averett lost his hog and found it in the pen of defendant, with the mark just changed to that of defendant When the hog left it was in his, Averett’s mark. The defendant explained his possession of the hog by claiming it, and saying he got the same from one Anderson. Anderson testified, that the hog came to his house, and while there, he inquired of his neighbors…
1Opinion of the CourtRodmaN, J.
It is difficult to see anything in the evidence upon which the counsel for the defendant could base the assumption that the taking was open and public, upon which he requested the Judge to instruct the jury that it could not be larceny.
The taking was not in the presence of the owner, nor with his knowledge, nor was it public in any just sense of the word. It was from a stranger, none but the two being present, and his consent to part with the possession was obtained by a false pretense of ownership, and with the intent to convert the hog to the defendant’s own use. We think it was not error…
2Cases cited2 opinions
- State v. . DealSupreme Court of North Carolina · 1870
- State v. . George HendersonSupreme Court of North Carolina · 1872
3Cited by1 opinion
- State v. . HillSupreme Court of North Carolina · 1894