Legal Opinion

State v. . Bryan

Supreme Court of North Carolina

Decided January 5, 1876PublishedCited by 3 opinions

IndictmeNt for robbery, tried before Watts, J., and a jury, at January Term, 1876, of tbe Superior Court of Wake county. The case was determined in this court upon a single exception, and it is therefore unnecessary to set out in detail all of the facts.

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IndictmeNt for robbery, tried before Watts, J., and a jury, at January Term, 1876, of tbe Superior Court of Wake county. The case was determined in this court upon a single exception, and it is therefore unnecessary to set out in detail all of the facts. The jury returned a verdict of “guilty of larceny,” and the defendant moved in arrest of judgment, upon the ground, that the bill of indictment only charged a robbery, and that under it, the defendant could not be convicted of larceny. All other facts necessary to an understanding of the points raised and decided in this court, are fully…

1Opinion of the Court

RodmaN J.

Wilcox, the person upon whom the robbery is charged to have been committed, testified to the effect that he was walking with the prisoner, that he felt the prisoner’s hand in his pocket and charged the prisoner with robbing him. Syme then came up and told the prisoner to give Wilcox his money, to which the prisoner replied “ I have not got his money,” and walked off leaving Wilcox and Syme together. A short time thereafter, Wilcox said to Syme, “ the damned scoundrel has got my watch.” The witness said he liad been drinking, but was not so drunk as not to be conscious of what…

2Cited by3 opinions

  1. State v. PainterSupreme Court of North Carolina · 1965
  2. State v. IsomSupreme Court of North Carolina · 1955
  3. State v. StephensSupreme Court of North Carolina · 1964

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