Legal Opinion

State v. . Stroud

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 22 opinions

This was a CRIMINAL action, tried before Clark, Judge, at the August Term, 1886, of the Superior Court of Lenoir county. The indictment contained two counts, one for stealing a hog, and the other for receiving the same, knowing it to be stolen. The defendant was indicted with one Howard. They were both convicted, the verdict being general, and after sentence, the defendant Stroud only appealed. There was no evidence offered on the part of the defendants.

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This was a CRIMINAL action, tried before Clark, Judge, at the August Term, 1886, of the Superior Court of Lenoir county. The indictment contained two counts, one for stealing a hog, and the other for receiving the same, knowing it to be stolen. The defendant was indicted with one Howard. They were both convicted, the verdict being general, and after sentence, the defendant Stroud only appealed. There was no evidence offered on the part of the defendants. That introduced by the State ivas as follows: Timothy Spence testified, that Stroud told him to get Howard and go oil a certain night and…

1Opinion of the Court

Ashe, J.,

(after stating the facts as above). We are unable to find error in any of the rulings of the Judge in the Court below, which have been excepted to by the prisoner.

There is none in the first exception. It has been so often held by this Court, that in petty larceny there areno accessories, that we did not suppose that question would be brought again before us. But we find it here presented in this record and gravely insisted upon. It is familiar learning that in treason and pettj larceny there are no accessories. The distinction between grand, and petty larceny was abolished by tire…

2Cases cited1 opinion

  1. State v. . TylerSupreme Court of North Carolina · 1881

3Cited by22 opinions

  1. State v. . TooleSupreme Court of North Carolina · 1890
  2. State v. TilleySupreme Court of North Carolina · 1954
  3. State v. . WilsonSupreme Court of North Carolina · 1918
  4. Kaufman v. StateCourt of Criminal Appeals of Texas · 1913
  5. State v. BennettSupreme Court of North Carolina · 1953

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