State v. Hankins
Supreme Court of North Carolina
INDICTMENT against Joseph Hankins, heard by Judge G. 8. Ferguson and a jury, at April Term, 1904, of the Superior Court of New Iíanovee County.
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INDICTMENT against Joseph Hankins, heard by Judge G. 8. Ferguson and a jury, at April Term, 1904, of the Superior Court of New Iíanovee County. The defendant and one Sam Bell were indicted for stealing a hat, cap, pants, collar buttons and suspenders from E. F. Hamme, and the State, being unable to show that the defendant Hankins took any of the articles described in the bill, proposed to prove by the prosecutor that he saw him take a coat at the same time, but in a different part of the store, Bell being at the show-case and the defendant at the clothing table; the avowed object of the…
1Opinion of the Court
Walkee, J.,
after stating the case. The fact that the defendant took the coat was not used as evidence against him on the trial of the first indictment, because, while the Judge at first admitted it as evidence, he subsequently withdrew it from the consideration of the jury by charging them that there was no evidence of a conspiracy and consequently none of defendant’s guilt. The verdict in that case determines that there was no joint action between defendant and Bell and no intent common to both of them, and it further determines that defendant did not steal any of the goods mentioned in the…
2Cases cited6 opinions
- State v. . NashSupreme Court of North Carolina · 1882
- State v. . WeaverSupreme Court of North Carolina · 1889
- State v. . BirminghamSupreme Court of North Carolina · 1852
- State v. . WilliamsSupreme Court of North Carolina · 1886
- State v. . BynumSupreme Court of North Carolina · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. . BellSupreme Court of North Carolina · 1933
- State v. HicksSupreme Court of North Carolina · 1951
- State v. . MalpassSupreme Court of North Carolina · 1925
- State v. . MidgettSupreme Court of North Carolina · 1938
13 more not listed; retrieve them via the Exa API.