State v. . Harris
Supreme Court of North Carolina
INDICTMENT, tried before Mclver, J., and a jury at Fall 'Term, 1896, of Guilfokd Superior Court. Tile defendant was indicted for highway robbery, alleged to have been committed by snatching a purse from the hand of the prosecuting witness. When the evidence was closed, the solicitor for the State abandoned the action for highway robbery, but stated to the court he would insist upon a verdict for larceny.
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INDICTMENT, tried before Mclver, J., and a jury at Fall 'Term, 1896, of Guilfokd Superior Court. Tile defendant was indicted for highway robbery, alleged to have been committed by snatching a purse from the hand of the prosecuting witness. When the evidence was closed, the solicitor for the State abandoned the action for highway robbery, but stated to the court he would insist upon a verdict for larceny. The court charged the jury that, the State haviug abandoned the charge'of robbery, they would consider the ■question of larceny only; and if, upon consideration of all the evidence, they had…
1Opinion of the Court
Avisry, J.:
That the charge of highway robbery ordinarily includes that of larceny was not contested. 1 Bishop Or. Law, Sec. 795. The defendant was convicted upon testimony tending to show that he snatched a purse containing a sum of money out of the hands of the prosecuting witness, when he was standing under a city lamp counting his money, and fled with it.
The Act of 1895, Oh. 285, does not make it necessary that an indictment for the larceny of a sum less than $20 should-charge the taking from the person or from a dwelling house in the day time. State v. Bynum, 117 N. C., 749 ; State v.…
2Cases cited2 opinions
- State v. . DownsSupreme Court of North Carolina · 1895
- State v. . BynumSupreme Court of North Carolina · 1895
3Cited by11 opinions
- State v. CooperSupreme Court of North Carolina · 1962
- In Re HolleySupreme Court of North Carolina · 1910
- State v. . DavidsonSupreme Court of North Carolina · 1899
- State v. MasseySupreme Court of North Carolina · 1968
- State v. . R. R.Supreme Court of North Carolina · 1899
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