State v. . Kiger
Supreme Court of North Carolina
This was an indictment for larceny, tried before Whitaker, J., and a -jury, at May Term, 1894, of Forsyth Superior Court. The State offered the following evidence : Asa Dun kins testified that about the 16th of January, 1894, he had several barrels of brandy stolen from his place in Yadkin County, about three miles beyond the Shallow Ford, on the Yadkin river. That the brandy was “ blockade.”
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This was an indictment for larceny, tried before Whitaker, J., and a -jury, at May Term, 1894, of Forsyth Superior Court. The State offered the following evidence : Asa Dun kins testified that about the 16th of January, 1894, he had several barrels of brandy stolen from his place in Yadkin County, about three miles beyond the Shallow Ford, on the Yadkin river. That the brandy was “ blockade.” He had it concealed near the house, in a piece of woods; part of it in a hole in the ground, about twenty-two miles from Winston. That the day beforé the brandy was stolen, about noon, he met defendant…
1Opinion of the Court
Clark, J.:
The evidence as to the marks upon the barrels was competent to identify the packages. It was sufficient to charge the larceny of so many gallons of brandy, and as a matter of evidence to show that it was in. barrels and identify them. State v. Harris, 64 N. C., 1.27. If the State had charged the larceny of barrels of brandy, it would have been held to proof of its having been in barrels when stolen. State v. Moore, 33 N. C., 70.
It was not improper for the counsel for the prosecution to comment on the fact that the defendant had witnesses present, summoned by him, but had not…
2Cases cited8 opinions
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- State v. . GlissonSupreme Court of North Carolina · 1885
- Lawrence v. . HesterSupreme Court of North Carolina · 1885
- State v. . JonesSupreme Court of North Carolina · 1877
- State v. . BraddySupreme Court of North Carolina · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. TilleySupreme Court of North Carolina · 1977
- State v. . StricklandSupreme Court of North Carolina · 1948
- State v. StricklandSupreme Court of North Carolina · 1948
- Williams v. RailroadSupreme Court of North Carolina · 1906
- State v. WilsonSupreme Court of North Carolina · 1897
37 more not listed; retrieve them via the Exa API.