State v. . Weaver
Supreme Court of North Carolina
■Larceny — Evidence — Indictment — Former Conviction and Acquittal — Grand Jury — Arrest of Judgment — Presumption— Opening and Adjourning of Court.
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■Larceny — Evidence — Indictment — Former Conviction and Acquittal — Grand Jury — Arrest of Judgment — Presumption— Opening and Adjourning of Court. This was an Indictment for Larceny, tried at the September Term, 1889, of the Superior Court of GraNville County, before Bynum, J. ■ The defendant was charged with stealing “one pair of shoes, one pound of snuff, one pair of suspenders, one shirt, one yard of cloth of the value of one dollar, of the goods, chattels and moneys of Charles F. Wheeler,” &c., and in a second count, with receiving the same articles, knowing them to have been…
1Opinion of the CourtAvery, J.
— after stating facts above: It is an established rule of evidence, that “ when, on a. trial- for larceny, identity is in question, testimony is admissible to show that other property, which had been stolen at the same time, was also in the possession of the defendant when he had in possession the property charged in the indictment.” Wharton Crim. L., § 50. This principle is sustained by reason as well as authority. When several articles are taken at one time, and “the transaction is set in motion by a single impulse and operated by a single unintermittent force, it forms a continuous act,…
2Cases cited5 opinions
- State v. . MurphySupreme Court of North Carolina · 1881
- State v. . ThompsonSupreme Court of North Carolina · 1887
- State v. . BordeauxSupreme Court of North Carolina · 1885
- State v. . McNeillSupreme Court of North Carolina · 1885
- State v. . GainusSupreme Court of North Carolina · 1882
3Cited by35 opinions
- State v. McClainSupreme Court of North Carolina · 1954
- State v. DossSupreme Court of North Carolina · 1971
- State v. WilliamsSupreme Court of North Carolina · 1970
- State v. . StancillSupreme Court of North Carolina · 1919
- State v. . SmoakSupreme Court of North Carolina · 1938
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