State v. . Worthington
Supreme Court of North Carolina
Indictment, with two counts, (1,) for larceny, and (2,) for receiving stolen goods, tried before Jones, J., at Spring-Term 1870, of Pitt Court.
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Indictment, with two counts, (1,) for larceny, and (2,) for receiving stolen goods, tried before Jones, J., at Spring-Term 1870, of Pitt Court. It was shown that one Cobb, also indicted with the defendant, had stolen cotton from the gin of one Wilson, on the night of October 16,1869, and that this was traced by Wilson to the store of the defendant, upon the next morning, about daylight.- Wilson, at that time, went into the store, and was shown by the defendant a lot of cotton. On the same day he sent for it, and it was delivered up. Some testimony was introduced by the defendant, .which it is…
1Opinion of the Court
Peaeson. O. J.
There is error in the rejection of what was said by the defendant, when he showed the cotton to' Wilson, who claimed it as his cotton, and charged that it had been stolen out of his gin the night before. This evidence was admissible on two grounds. It was part of a conversation. The State having offered in evidence the first part, as a matter of course the defendant was entitled to have the whole of the conversation put before the jury. When a man who is at liberty to speak, is charged with a crime and is silent, his silence is a circumstance tending to show guilt: State v.…
2Cited by13 opinions
- Thalheim v. StateSupreme Court of Florida · 1896
- State v. . McNairSupreme Court of North Carolina · 1885
- State v. . RawlesSupreme Court of North Carolina · 1871
- Saunders v. GilbertSupreme Court of North Carolina · 1911
- State v. . DavisSupreme Court of North Carolina · 1919
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