State v. . Kirkland
Supreme Court of North Carolina
Appeal by defendant from Ray, J., at tbe July Term, 1919, of SwaiN. This is an appeal from a judgment pronounced upon a verdict of guilty of the charge of the larceny of certain lumber, the property of A. T. Dorsey. There was evidence that about three years ago the prosecuting witness, Dorsey, procured a right of way from the defendant to erect and operate a flume over defendant’s land for transporting lumber and wood, which was afterwards erected and operated by Dorsey.
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Appeal by defendant from Ray, J., at tbe July Term, 1919, of SwaiN. This is an appeal from a judgment pronounced upon a verdict of guilty of the charge of the larceny of certain lumber, the property of A. T. Dorsey. There was evidence that about three years ago the prosecuting witness, Dorsey, procured a right of way from the defendant to erect and operate a flume over defendant’s land for transporting lumber and wood, which was afterwards erected and operated by Dorsey. The flume ran something like one-half mile over the defendant’s land, and prior to and at the time of the alleged larceny…
1Opinion of the CourtAlleN, J.
It will be observed that his Honor charged the jury: (1) That the intent to appropriate to his own use is not an essential element in larceny; (2) that depriving another of the possession of goods is sufficient; (3) that feloniously is doing an unlawful act willfully, which is not in accord with the authorities in this State and elsewhere, and more fitly describes a criminal trespass, in which the act must be done unlawfully and willfully (S. v. Whitaker, 85 N. C., 568), than larceny.
Ruffin, C. J., says, in S. v. Jesse, 19 N. C., 297, feloniously “has no synonym,” and “admits of no…
2Cases cited6 opinions
- State v. . PowellSupreme Court of North Carolina · 1889
- State v. . HarringtonSupreme Court of North Carolina · 1918
- State v. . SowlsSupreme Court of North Carolina · 1867
- State v. . JesseSupreme Court of North Carolina · 1837
- State v. . LyerlySupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Minner v. United StatesCourt of Appeals for the Tenth Circuit · 1932
- State v. SmithSupreme Court of North Carolina · 1966
- State v. CooperSupreme Court of North Carolina · 1962
- State v. LawrenceSupreme Court of North Carolina · 1964
- State v. . LunsfordSupreme Court of North Carolina · 1948
13 more not listed; retrieve them via the Exa API.