State v. . Perkins
Supreme Court of North Carolina
Larceny — Asportation—Evidence— Judge’s Charge. This is an Indictment for Larceny of a cow, the property of William Keel, tried at March Term, 1889, of the Superior Court of Pitt County, before Connor, J. The prosecutor, William Keel, testified that he lost four cows before the last of November of last year; that he last saw them about the second week in November; missed them on Saturday before the fourth Sunday in November.
Read the full summary
Larceny — Asportation—Evidence— Judge’s Charge. This is an Indictment for Larceny of a cow, the property of William Keel, tried at March Term, 1889, of the Superior Court of Pitt County, before Connor, J. The prosecutor, William Keel, testified that he lost four cows before the last of November of last year; that he last saw them about the second week in November; missed them on Saturday before the fourth Sunday in November. He further testified as follows: “My cows were in the habit of going on some swamp lands about a mile from my house. On missing my cattle, I went over most of this marsh…
1Opinion of the CourtAvery, J.
— after stating the case: We think that the second instruction asked for was properly refused, and that, upon the evidence, the question whether there was an aspor-tation was one for the jury. The fact, if believed, that Perkins was in the habit of selling butchered cattle and going to the market accompanied by another man, the testimony that there vras some resemblance between the hide of a cow sold to a wútness and that which Page testifies he saw Langley shoot in the presence of Perkins, and the evidence of Page that Perkins threatened to shoot him (Page) if he again spoke of the killing,…
2Cited by2 opinions
- Barron v. AndersonSupreme Court of Georgia · 1948
- State v. . TelfairSupreme Court of North Carolina · 1891