State v. . Vinson
Supreme Court of North Carolina
LarceNY, tried before Warren, J., at Spring Term 1868 of the Superior Court of WayNE. This was an indictment against the defendant and one John Thomas, for stealing a mule. The evidence was that the mule was the property of Council Wooten, administrator of John Wooten, deceased, and that it was stolen on a Saturday night from the residence of Mrs. Wooten, widow of said John Wooten.
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LarceNY, tried before Warren, J., at Spring Term 1868 of the Superior Court of WayNE. This was an indictment against the defendant and one John Thomas, for stealing a mule. The evidence was that the mule was the property of Council Wooten, administrator of John Wooten, deceased, and that it was stolen on a Saturday night from the residence of Mrs. Wooten, widow of said John Wooten. That early the next morning the mule, having on it a broken bridle, was seen about 300 yards from the residence ■of Mrs. Phoebe Woodward, the mother of the defendant, with whom he lived, going in the direction of…
1Opinion of the CourtRodhaN, J.
There was ample evidence to convict the pris- • oner óf having stolen the mule from the residence of Best, on. Sunday nigbt, if the jury believed it. But we cannot know that the jury did believe it, and that they did not find him guilty of the larceny, which the case states was committed by some one, on the previous Saturday night from the residence of Mrs. Wooten. State v. Allen, 1 Hawks, 6; State v. Ingold, 4 Jon. 217. The Judge told'the jury, in effect, that there was evidence, from which they might find, that the prisoner either stole the mule himself on the Saturday night, or procured it…
2Cases cited1 opinion
- Hepburn v. DuboisSupreme Court of the United States · 1838
3Cited by94 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. . BealSupreme Court of North Carolina · 1930
- State v. . JohnsonSupreme Court of North Carolina · 1930
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
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