State v. . Roper
Supreme Court of North Carolina
The défendant was indicted for petit larceny in stealing a shawl. Upon the trial before SwaiN Judge, at Iredell, on the last circuit, many witnesses were examined, and the result,of all the testimony was as follows: An exhibition of wild animals took place, in which the animals were placed on the inside of a circular tent? a chain was stretched so as to form a ring within the tent, the animals were between the chain and the sides of the tent, and the spectators admitted into…
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The défendant was indicted for petit larceny in stealing a shawl. Upon the trial before SwaiN Judge, at Iredell, on the last circuit, many witnesses were examined, and the result,of all the testimony was as follows: An exhibition of wild animals took place, in which the animals were placed on the inside of a circular tent? a chain was stretched so as to form a ring within the tent, the animals were between the chain and the sides of the tent, and the spectators admitted into the ring, formed by the chain — that upon one occasion, when the ring was full of spectators, the defendant was leaning…
1Opinion of the Court
For the defendant it was insisted, (1) that the shawl being lost, and the owner unknown, it was not the subject of larceny; (2) that unless the first taking was with a felonious intent, the defendant was not guilty of larceny, and of course must be acquitted, unless the jury believed that he intended to steal the shawl at the instant he picked it up and hung it on the chain.
His Honor charged the jury that the guilt of the defendant did not depend upon the felonious intent having entered his mind at the (474) instant he discovered the shawl. That if at the time he took the shawl from the chain…
2Cited by5 opinions
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- State v. MooreCourt of Appeals of North Carolina · 1980
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- State v. JonesSupreme Court of North Carolina · 2017