State v. . Bynum
Supreme Court of North Carolina
Indictment for larceny, tried at August Term, 1895, of Moore Superior Court, before Hohe, Judge. Defendants were indicted in ordinary form for stealing money from one Harris in the one case, and from one Barbee in the other case. The evidence established that Barbee and Harris were waggoners in camp together in Moore county and were asleep by a camp fire, and at night their camp was assaulted by four or five negroes.
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Indictment for larceny, tried at August Term, 1895, of Moore Superior Court, before Hohe, Judge. Defendants were indicted in ordinary form for stealing money from one Harris in the one case, and from one Barbee in the other case. The evidence established that Barbee and Harris were waggoners in camp together in Moore county and were asleep by a camp fire, and at night their camp was assaulted by four or five negroes. Two by the name of Rice pointed pistols at Barbee and Harris and compelled them to hold up their hands — Barbee not holding quick enough was fired at, and while both were covered…
1Opinion of the Court
Faircloth, C. J.:
The defendants are indicted in the ordinary form for stealing the money of B. E. Barbee and were convicted and sentenced to the penitentiary for seven years. The evidence showed that the defendants assaulted said Barbee and W. "W. Harris, and took from each his separate money during the same asault. They were convicted and sentenced at the same term of the court for the taking of the money of said Harris. The defendants plead former conviction and excepted to the sentence of seven years, as in violation of the Act of 1895, Ch. 285, as follows : “Sec. 1. That in all cases of…
2Cases cited2 opinions
- State v. . NashSupreme Court of North Carolina · 1882
- State v. . DownsSupreme Court of North Carolina · 1895
3Cited by9 opinions
- State v. . DavidsonSupreme Court of North Carolina · 1899
- State v. HankinsSupreme Court of North Carolina · 1904
- State v. MasseySupreme Court of North Carolina · 1968
- State v. . R. R.Supreme Court of North Carolina · 1899
- State v. . HarrisSupreme Court of North Carolina · 1896
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