State v. . Powell
Supreme Court of North Carolina
INDICTMENT for larceny, tried before MacRae, J., at January Term, 1889, of Northampton Superior Court. The indictment charged the defendant, Robert Powell, and one William Bailey, with the larceny of twenty dollars, the property of John Whitaker, and contained a second count charging said William Bailey with aiding, &c., said Powell in stealing, &c., the same twenty dollars. Powell pleaded not guilty, and was put on his trial. Bailey was not tried.
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INDICTMENT for larceny, tried before MacRae, J., at January Term, 1889, of Northampton Superior Court. The indictment charged the defendant, Robert Powell, and one William Bailey, with the larceny of twenty dollars, the property of John Whitaker, and contained a second count charging said William Bailey with aiding, &c., said Powell in stealing, &c., the same twenty dollars. Powell pleaded not guilty, and was put on his trial. Bailey was not tried. John Whitaker, a witness for the State, being the person whose money was alleged to have been stolen, testified in substance as follows: On a…
1Opinion of the CourtShepherd, J.
The defendant contends that he is not guilty, because “ there was no artifice to conceal the fact that he had gotten the money in his possession; that there was-no effort to conceal the fact of the taking, and that the prosecutor knew who had his money, and against whom to bring his action.”
For these positions he relies upon State v. Deal, 64 N. C., 270, and State v. Sowls, Phil., 151. The proposition is, that there can be no felonious intent where the taking is done openly and there is no effort to conceal.
State v. Deal, supra, is a leading case in this State upon the subject of felonious…
2Cases cited1 opinion
- State v. . DealSupreme Court of North Carolina · 1870
3Cited by16 opinions
- State v. CooperSupreme Court of North Carolina · 1962
- State v. SmithSupreme Court of North Carolina · 1966
- State v. GreeneSupreme Court of North Carolina · 1976
- State v. BookerSupreme Court of North Carolina · 1959
- State v. CottenCourt of Appeals of North Carolina · 1968
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