State v. . Jones
Supreme Court of North Carolina
Larceny tried before Russell, J., at Spring Term, 1871, of Bladen Superior Court. The indictment charged the defendant with stealing a barrel of turpentine, the property of T. D. Love and David H. Ray.
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Larceny tried before Russell, J., at Spring Term, 1871, of Bladen Superior Court. The indictment charged the defendant with stealing a barrel of turpentine, the property of T. D. Love and David H. Ray. The defendant pleaded not guilty, whereupon the jury upon, the evidence offered, returned a special verdict, to wit: “ That the defendant went to the still of Love & Ray, where there was a lot of turpentine in barrels, which was the property of Love & Ray; that defendant to'olc one of the barrels which was standing on its head, and turned it over on its side, moving it no further, and no more,…
1Opinion of the CourtDick, J.
There must be an asportation of the article alleged to be stolen, to complete the crime of larceny. The question as to what constitutes a sufficient asportation has given rise to many nice distinctions in the Courts of England, and the rules there established have been generally observed by the Courts of this country. Roscoe 570, 2 Bishop Crim. Law, 804.
The least removal of an article, from the actual or constructive possession of the owner, so as to be under the control of the felon, will be a sufficient asportation. State v. Jackson, 65 N. C. 305. Where a parcel was not removed, its…
2Cases cited1 opinion
- State v. . JacksonSupreme Court of North Carolina · 1871
3Cited by7 opinions
- State v. CarswellSupreme Court of North Carolina · 1978
- State v. WalkerCourt of Appeals of North Carolina · 1969
- Edmonds v. StateSupreme Court of Alabama · 1881
- State v. . AlexanderSupreme Court of North Carolina · 1876
- Love v. . JohnstonSupreme Court of North Carolina · 1875
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