State v. . Capps
Supreme Court of North Carolina
INDICTMENT for larceny, with a count for receiving stolen goods,, tried before his Honor, Jwdge Logan, at the Spring Term, 1874, of the Superior Court of MecKlenburg county.-,. The defendant was indicted with two others (not on trial) for stealing ten kegs of gunpowder from W. W. Grier and another, and in another count for receiving ten kegs of gunpowder, the property of W. W. Grier and another, knowing the same to have been stolen.
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INDICTMENT for larceny, with a count for receiving stolen goods,, tried before his Honor, Jwdge Logan, at the Spring Term, 1874, of the Superior Court of MecKlenburg county.-,. The defendant was indicted with two others (not on trial) for stealing ten kegs of gunpowder from W. W. Grier and another, and in another count for receiving ten kegs of gunpowder, the property of W. W. Grier and another, knowing the same to have been stolen. Eor the State, one Tom Caldwell swore that he was with the defendant, aiding^ and assisting him, when he stole the powder, and that he, the defendant, was to give…
1Opinion of the CourtSettle, J.
The defendant insists that the order in favor of Tom Caldwell on Elias & Cihen,for a pair of boots; and also the order on Turner, in favor of ITenry Caldwell, for a keg of powder, not having been duly proved, should not have been spoken of on the trial, nor commented upon by the Solicitor in his argument to the jury.
It would seem that the defendant sought to divert the attention of the jury from the real issue, to wit: his guilt or innocence of the charge in the indictment, and to make the issue upon the probate of these two orders, when they were offered only as corroborating circumstances,…
2Cases cited1 opinion
- State v. Harper.Supreme Court of North Carolina · 1870
3Cited by6 opinions
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. GallimoreSupreme Court of North Carolina · 1968
- State v. LewisSupreme Court of North Carolina · 1906
- State v. . LewisSupreme Court of North Carolina · 1906
- State v. . CredleSupreme Court of North Carolina · 1884
1 more not listed; retrieve them via the Exa API.