Legal Opinion

State v. . Hooker

Supreme Court of North Carolina

Decided December 11, 1907PublishedCited by 27 opinions

CRIMINAL action, tried before Webb, J., and a jury, at August Term, 1901, of the Superior Court of Moore County. Tbe defendant was charged with breaking and entering tbe storehouse of W. M. Rogers & Co., and, upon conviction, appealed. The facts sufficiently appear in the opinion of the Court.

1Opinion of the Court

Olaric, O. J.

The defendant was acquitted of a charge of stealing certain articles. He was later tried and convicted, under Revisal, sec. 3333, of breaking and entering a store where those articles were kept, with intent to steal the same. The defendant’s first three exceptions are to evidence as to those articles being in the store, and to any evidence tending to show that the defendant took them, this being offered, not to show the larceny, but to show that the breaking and entering the storehouse, which was proven, was with intent to commit larceny.

Revisal, sec. 3333, makes it indictable to…

2Cases cited14 opinions

  1. State v. Lytle.Supreme Court of North Carolina · 1905
  2. State v. . NashSupreme Court of North Carolina · 1882
  3. Arrington v. CommonwealthSupreme Court of Virginia · 1890
  4. Justices of the Inferior Court v. Griffin & West Point Plank Road Co.Supreme Court of Georgia · 1854
  5. State v. . StevensSupreme Court of North Carolina · 1894

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3Cited by27 opinions

  1. Morgan v. DevineSupreme Court of the United States · 1915
  2. State v. GardnerSupreme Court of North Carolina · 1986
  3. People v. TownsendMichigan Supreme Court · 1921
  4. State v. BirckheadSupreme Court of North Carolina · 1962
  5. State v. HicksSupreme Court of North Carolina · 1951

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