Legal Opinion

State v. . Wilkerson

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 5 opinions

Indictment for Laeoent, tried before Henryr Jat Eall Term,. 1874, Geanyille Superior Court. The defendant was indicted for stealing a hog, the property of one Lowell Thorp. It was in evidence that on the morning of the day, on which the alleged larceny was committed, one Royster, a witness in the ease, was passing through a skirt of woods and saw Lowell Thorp feeding his hogs.

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Indictment for Laeoent, tried before Henryr Jat Eall Term,. 1874, Geanyille Superior Court. The defendant was indicted for stealing a hog, the property of one Lowell Thorp. It was in evidence that on the morning of the day, on which the alleged larceny was committed, one Royster, a witness in the ease, was passing through a skirt of woods and saw Lowell Thorp feeding his hogs. That on the evening of the same day said Royster returned and saw a dead hog in a corner of the fence. The witness identified the hog as the property of Lowell Thorp. The dead hog was covered with leaves. Royster…

1Opinion of the CourtRodmah, J.

The case professes to set out the evidence, which unexplained, we must take to mean the whole evidence. It was briefly, that a hog belonging to one Thorp was seen on a certain day lying in the lock of a fence covered with leaves, and that during the night of that day, the prisoner got over the fence, looked around carefully as if looking for some one and then stooped over the hog as if to take it up, when Thorp who was on the watch hailed him, and he ran off. The Judge told the jury “that if they believed that the defendant shot down the hog, and covered it with leaves with a view to conceal…

2Cited by5 opinions

  1. State v. . ChristmasSupreme Court of North Carolina · 1888
  2. Frazier v. StateSupreme Court of Alabama · 1887
  3. State v. . GreenSupreme Court of North Carolina · 1895
  4. State v. SmithSupreme Court of North Carolina · 1953
  5. Rutherford v. RaySupreme Court of North Carolina · 1908

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