Legal Opinion

State v. . Fulford

Supreme Court of North Carolina

Decided February 28, 1899PublishedCited by 8 opinions

The DkKBNdaNts were iudicted for larceny of a sheep, the property of a person to the jury unknown, with a count for receiving — tried before Ilolce, J., at Eall Term, 1898, of the Superior Court of Hyde County. There was no evidence of ownership, and the evidence of asportation was inferential.

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The DkKBNdaNts were iudicted for larceny of a sheep, the property of a person to the jury unknown, with a count for receiving — tried before Ilolce, J., at Eall Term, 1898, of the Superior Court of Hyde County. There was no evidence of ownership, and the evidence of asportation was inferential. The State witness as to the occurrence was Sam Oredle, who testified: I was going home one Friday night in July, 1898, about 9 o’ clock, and saw two men with a sheep near an old house. They started to run.* I told them there was no need to run, that I knew who they were. One was Jacob McCloud and the…

1Opinion of the CourtDouglas, J.

The defendants were convicted of the larceny of a sheep. Hpon the close of the evidence they requested the Court to instruct the jury that the evidence submitted by the State was not sufficient to justify a verdict of guilty, and that upon the 'whole evidence they should return a verdict of not guilty. The Court refused to charge as requested and instructed the jury that “It was a question of fact for them to consider, and that if upon considering the whole evidence, both for the State and for the defendants, they were satisfied beyond a reasonable doubt that defendants were guilty of the…

2Cases cited2 opinions

  1. State v. . AlexanderSupreme Court of North Carolina · 1876
  2. State v. . ButlerSupreme Court of North Carolina · 1871

3Cited by8 opinions

  1. State v. . SimsSupreme Court of North Carolina · 1938
  2. State v. . O'NealSupreme Court of North Carolina · 1924
  3. People v. BrottMichigan Supreme Court · 1910
  4. State v. FordhamNorth Dakota Supreme Court · 1904
  5. State v. LognerSupreme Court of North Carolina · 1967

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