State v. Mary A. Turner.
Supreme Court of North Carolina
This was an indictment tried before Clarke, Judge, at'Eall Term of Wayne Superior Court. The indictment charged that the defendant, “one turkey of the value of five cents, of the goods and chattels of William Canis, feloniously did steal, &c.” Upon the testimony in the case, the defendant was convicted.
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This was an indictment tried before Clarke, Judge, at'Eall Term of Wayne Superior Court. The indictment charged that the defendant, “one turkey of the value of five cents, of the goods and chattels of William Canis, feloniously did steal, &c.” Upon the testimony in the case, the defendant was convicted. A motion in arrest of judgment was made by the defendant and sustained by His Honor upon the ground, “that the indictment was insufficient, for that it failed to'state that the turkey stolen was a iaTOd turkey. That the turkey was a native fowl of America, large numbers are found in every part…
1Opinion of the CourtEoydeN, J.
His Honor was mistaken in this case, in supposing that our domestic turkey is a creature ferae naturae. All the authorities cited by His Honor, are cases of creatures ferae naturae, and we take the case to be clear, that where a creature (for the stealing of which) a defendant is indicted is ferae naturae, it will not be sufficient to allege, that the property was of the goods and chattels of one A. B., the owner; in such case, the indictment must further allege, that the creature was dead, tamed, confined or reclaimed, Russell on Crimes, vol. 2, p. 152. But surely this cannot be the case,…
2Cited by2 opinions
- State v. . CredleSupreme Court of North Carolina · 1884
- State v. . BraggSupreme Court of North Carolina · 1882