Legal Opinion

State v. . Moore

Supreme Court of North Carolina

Decided June 5, 1850PublishedCited by 2 opinions

Appeal from the Superior Court of Law of Beaufort County, at the Fall Term in July 1849, His Honor, Judge Manly, presiding.

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Appeal from the Superior Court of Law of Beaufort County, at the Fall Term in July 1849, His Honor, Judge Manly, presiding. This is an indictment for petit larceny in stealing twa barrels of turpentine, of the goods and chattels of Frederick Grist: and on not guilty pleaded there was a special verdict to the effect following : Grist owned a piece of land, on which some pine trees were boxed for making turpentine in the year 1S46, and he cultivated them during the months of March and April and a part of May in that year, and he then discontinued the working of them (for that season. In August…

1Opinion of the CourtRuffin, C. J.

Upon the first question the Court is of opinion, that the turpentine was the subject of larceny. We learn from a former special verdict, which appears in the record, and from various other sources — including our own observation — that the mode of making turpentine is this: an excavation, commonly called a box, is made in the body of the tree near the ground,"info which the turpentine runs from the tree above : and, in order to produce a flow of the gum or to promote it more freen ly, the tree is occasionally scored above the box with a sharp iron instrument, called a round-shave, and the…

2Cited by2 opinions

  1. State v. . KigerSupreme Court of North Carolina · 1894
  2. Florala Sawmill Co. v. ParrishSupreme Court of Alabama · 1908

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