State v. . Webb
Supreme Court of North Carolina
Indictmekt for larceny tried at Fall Term, 1882, of Dun-HAM Superior Court, before Shipp, J. The defendant, together with one Thomas, was indicted for stealing wheat, the property of one Cannady. The wheat was grown upon the land of the prosecutor, with whom the said Thomas worked as a cropper, and was to have an interest in the crop.
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Indictmekt for larceny tried at Fall Term, 1882, of Dun-HAM Superior Court, before Shipp, J. The defendant, together with one Thomas, was indicted for stealing wheat, the property of one Cannady. The wheat was grown upon the land of the prosecutor, with whom the said Thomas worked as a cropper, and was to have an interest in the crop. After the wheat had been harvested and threshed, and before any division took place, it was stored by the prosecutor in a house on the premises, the door locked and the key kept by him. On the next day a portion of it was taken secretly by the defendant and…
1Opinion of the CourtRuffin, J.
In Copeland’s case, 86 N. C., 691, the court held that a cropper, while in the actual possession of the crop made upon the premises, could not be guilty of larceny by secretly appropriating a portion thereof to his own use. We felt driven to this conclusion by a consideration of the well established principle, that to constitute a larceny, the taking must be such as amounts to a trespass.
Every larceny includes a trespass; and if there be no trespass in taking the goods, there can be no felony committed in carrying them away. 2 East, P. C. 554; 1 Hawk., P. C. ch. 38, § 1; 1 Russell, 95.
When…
2Cases cited1 opinion
- State v. . CopelandSupreme Court of North Carolina · 1882
3Cited by7 opinions
- State v. BaileyCourt of Appeals of North Carolina · 1975
- State v. JonesSupreme Court of North Carolina · 2017
- State v. . KingSupreme Court of North Carolina · 1887
- State v. . McCoySupreme Court of North Carolina · 1883
- State v. JonesCourt of Appeals of North Carolina · 2006
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