State v. . Turner
Supreme Court of North Carolina
The defendant was indicted for larceny, in stealing an ox, the property of James Banks, tried before Pool. J., at'Spring 'Term, 1871, of Pasquotank Superior Court.
Read the full summary
The defendant was indicted for larceny, in stealing an ox, the property of James Banks, tried before Pool. J., at'Spring 'Term, 1871, of Pasquotank Superior Court. The evidence showed that the defendant, on Thursday afternoon, was seen near the premises of James Banks, the prose.cutor; that on Thursday night, Banks put his ox in a stall and securely shut him up; that late that night, the bars were removed, and the ox stolen; that on the following Friday morning, the defendant was' seen in possession of the ox, on his way to Norfolk; that the ox was found in the possession of the defendant in…
1Opinion of the CourtDick, J.
Where a person is found in possession of goods 'which have recently been stolen, there is a presumption of law .that he is guilty of the theft; and it is not necessary for the •State to show that any other suspicious circumstance accompanied such possession.
This presumption may be rebutted by the defendant, but if ,he does not satisfactorily account for such possession, by show-ring that he received the goods honestly, a jury ought to c'on.vict him of larceny. Roscoe 18; State v. Williams, 9 Ire. 140.
The charge of his Honor in this case, was more liberal than the law allows toward the…
2Cited by9 opinions
- State v. . McRaeSupreme Court of North Carolina · 1897
- State v. . WilliamsSupreme Court of North Carolina · 1941
- Keating v. PeopleIllinois Supreme Court · 1896
- Territory of Arizona v. CasioArizona Supreme Court · 1884
- Robinson v. StateCourt of Appeals of Texas · 1887
4 more not listed; retrieve them via the Exa API.