State v. . Allen
Supreme Court of North Carolina
CRIMINAL ACTION, tried before MacRae, J., at January-Term, 1889, of NorthamptoN Superior Court. The defendant was charged in the indictment with the larceny of some pork, the property of James I. Deloatch, and there was a second count for receiving the same.
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CRIMINAL ACTION, tried before MacRae, J., at January-Term, 1889, of NorthamptoN Superior Court. The defendant was charged in the indictment with the larceny of some pork, the property of James I. Deloatch, and there was a second count for receiving the same. Defendant aslced for the following special instructions, which were refused : “1. The State having proved by the prosecutor, James L Deloatch, that the pork stolen was the property of Polly Parks, the defendant cannot be found guilty. “ 2. The evidence being entirely circumstantial, it must be as strong and conclusive as if one credible…
1Opinion of the CourtShepherd, J.
The first instruction prayed for by the defendant was properly declined. It was in evidence that on Saturday before Christmas the prosecutor’s smoke-house was broken open and twenty-three pieces of meat were stolen; that on the previous Tuesday the prosecutor had killed five hogs, cut them up and placed the meat in his said smoke-house. It was also in evidence that the hogs belonged to his sister, Polly Parks, who had been living with him since the death of her husband, in June; that the hogs were brought to the prosecutor’s in October, and “ that she was to live out of” (tjjiem).
The…
2Cases cited4 opinions
- State v. . GeeSupreme Court of North Carolina · 1885
- State v. . JenkinsSupreme Court of North Carolina · 1878
- State v. . JonesSupreme Court of North Carolina · 1880
- State v. . HardisonSupreme Court of North Carolina · 1876
3Cited by16 opinions
- State v. . TooleSupreme Court of North Carolina · 1890
- State v. NugentSupreme Court of North Carolina · 1955
- State v. SmithSupreme Court of North Carolina · 1966
- State v. GreeneSupreme Court of North Carolina · 1976
- State v. CottenCourt of Appeals of North Carolina · 1968
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