State v. Long
Superior Court of North Carolina
At this term the Defendant was indicted in the common form, for stealing a mare of one Samuel Parks, in the county of Randolph.
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At this term the Defendant was indicted in the common form, for stealing a mare of one Samuel Parks, in the county of Randolph. It api>ears upon evidence on the trial, that the Defendant was a stranger to Parks, hut came to his house some time about the sixth of December last, offering himself to be employed asan oterseer; and after re-majning on Parks’s plantation three or four days, he borrowed the mare in question of Parks, to ride to the house of one Candles, who lived about four miles from Parks's, in the same county ; and he called at Candles’s accordingly, riding the mare 5 but from…
1Opinion of the Court
Note. — The criminal code above all others should leave nothing to the discretion of the Court or jury, but should be regulated as far as the nature of things will admit, by certain and hsed rulos, not difficult to be understood, and incaoable of being construed away. The rule laid down in Coke, líale, Hawkins, and Blackstone, that there must be a taking invito domino/ and that there can be no felony without a trespass, is a plain rule comprehensible by every capar ity, and in its nature not easy to be misconstrued — it leaves no latitude to the Judge, nor any to the jury. The plain enquiry…
2Cited by3 opinions
- Wright v. StateTennessee Supreme Court · 1977
- Den on Demise of Tyrrell v. MooneySupreme Court of North Carolina · 1810
- Williams v. . WellsSupreme Court of North Carolina · 1814