Legal Opinion

State v. Anderson

Supreme Court of North Carolina

Decided February 19, 1913PublishedCited by 15 opinions

Appeal from Lane, J., at Fall Term, 1912, of Hyde. Indictment for larceny. Among other things, the court charged the jury as follows: “The law is that whenever a person is found in possession of property which has been stolen and recently after the theft, the law presumes that the person so found in possession is the one who has stolen the property, and this presumption is' strong or weak according to the length of time which has passed between the time of the stealing and…

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Appeal from Lane, J., at Fall Term, 1912, of Hyde. Indictment for larceny. Among other things, the court charged the jury as follows: “The law is that whenever a person is found in possession of property which has been stolen and recently after the theft, the law presumes that the person so found in possession is the one who has stolen the property, and this presumption is' strong or weak according to the length of time which has passed between the time of the stealing and the time the said property is found in his possession, and the burden then shifts to the person so found in possession to…

1Opinion of the CourtHoke, J.

There was evidence on the part of the State tending to show that the prosecutor, a resident of Hyde County, at or in said county had, within the past three months before the trial, lost several cattle by theft, an ox and six cows. About thirty days before the trial he had found the hide of one of the cows, recently killed and well identified, in possession of a dealer in Washington, N. C., and this hide had just been bought from A. A. Niebols, a butcher in Washington. There was other testimony- tending to show a theft of the cattle. Said A. A. Nichols, for the State, among other things,…

2Cases cited5 opinions

  1. State v. . SmithSupreme Court of North Carolina · 1842
  2. State v. Hullen.Supreme Court of North Carolina · 1903
  3. State v. . RightsSupreme Court of North Carolina · 1880
  4. State v. . NevilleSupreme Court of North Carolina · 1911
  5. State v. . McRaeSupreme Court of North Carolina · 1897

3Cited by15 opinions

  1. State v. . WeinsteinSupreme Court of North Carolina · 1944
  2. State v. . HolbrookSupreme Court of North Carolina · 1943
  3. State v. NeillSupreme Court of North Carolina · 1956
  4. State v. MossOregon Supreme Court · 1919
  5. State v. . RileySupreme Court of North Carolina · 1924

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