State v. . Krider
Supreme Court of North Carolina
IndictmeNT for Larceny tried at Fall Term, 1877, of Davie Superior Court, before Cox, J. The defendants were charged with stealing fish: — The jurors &c. present that (defendants) &c. five fish of the value Ac. of the goods &c. then and there being found, did felo-niously steal, take and carry away against &e.
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IndictmeNT for Larceny tried at Fall Term, 1877, of Davie Superior Court, before Cox, J. The defendants were charged with stealing fish: — The jurors &c. present that (defendants) &c. five fish of the value Ac. of the goods &c. then and there being found, did felo-niously steal, take and carry away against &e. The names of both defendants were endorsed on the bill of indictment .as witnesses, one against the other, and it was insisted by the counsel for defendants that to make co-defendants witnesses against each other before the grand jury was not warranted. No objection was made in the…
1Opinion of the CourtFaircloth, J.
The defendants were indicted and convicted for stealing “ five fish” of the goods &c. Wild animals are not the subject'of larceny, unless reclaimed, confined or dead, and are valuable for food or otherwise. State v. House, 65 N. C. 315.
Eish are the subject of larceny only under the same conditions as animals, and the bill of indictment is fatally defective in failing to allege any of those conditions and no> amount of proof can supply the defect.
All the books agree that if fish are confined in a trunk or otherwise so that they may be taken at the pleasure of him-who has thus appropriated…
2Cases cited1 opinion
- State v. . HouseSupreme Court of North Carolina · 1871
3Cited by8 opinions
- State v. . LevySupreme Court of North Carolina · 1931
- State v. . FrizellSupreme Court of North Carolina · 1892
- State v. CoatesSupreme Court of North Carolina · 1902
- State v. . BurtonSupreme Court of North Carolina · 1905
- State v. . PatrickSupreme Court of North Carolina · 1878
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