State v. Ruffin
Supreme Court of North Carolina
Appeal by defendant from Oline, J., at May Term, 1913, of VaNce. Prosecution for larceny. Tlie facts in evidence tended to show that oh a certain Sunday night, 1913, Robert Royster had several letters written, and same were put in envelopes, sealed 'and addressed to the respective parties; that one of these letters so inclosed and sealed was addressed to his father, Spot Royster, Virgilina, Va., and in that one said Robert had put $10 in bills.
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Appeal by defendant from Oline, J., at May Term, 1913, of VaNce. Prosecution for larceny. Tlie facts in evidence tended to show that oh a certain Sunday night, 1913, Robert Royster had several letters written, and same were put in envelopes, sealed 'and addressed to the respective parties; that one of these letters so inclosed and sealed was addressed to his father, Spot Royster, Virgilina, Va., and in that one said Robert had put $10 in bills. Next morning Robert'gave these letters to Eugene Sandiford to mail, and Sandiford handed .them to defendant for like purpose. There was further…
1Opinion of the Court
Hoke, J.,
after stating tbe case: At common law it was regarded as an essential feature, of tbe crime of larceny tbat tbe party charged should have acquired possession of tbe property against tbe will of tbe owner and ordinarily with intent to steal at tbe time. Tbe taking considered necessary to make out tbe offense involved the idea of a trespass on tbe possession of tbe owner, either actual or constructive. Tbe principle was held to include cases where possession was acquired from tbe owner animo furandi, by trick or fraudulent contrivance. S. v. McRae, 111 N. C., 665; People v. Miller, 169…
2Cases cited8 opinions
- People v. . MillerNew York Court of Appeals · 1902
- Murphy v. PeopleIllinois Supreme Court · 1882
- State v. . MacRaeSupreme Court of North Carolina · 1892
- Walker v. StateCourt of Appeals of Georgia · 1911
- State v. . EnglandSupreme Court of North Carolina · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. TilleySupreme Court of North Carolina · 1954
- State v. GriffinSupreme Court of North Carolina · 1953
- State v. JonesSupreme Court of North Carolina · 2017
- State v. TilleySupreme Court of North Carolina · 1954
- State v. GriffinSupreme Court of North Carolina · 1953
1 more not listed; retrieve them via the Exa API.