Legal Opinion

State v. Harper.

Supreme Court of North Carolina

Decided January 5, 1870PublishedCited by 11 opinions

Larcenx, tried before Thomas, at Fall Term 1869 of Greene Court. Tbe prisoner was convicted. His counsel thereupon moved to arrest judgment, because the indictment charged the property in the thing stolen, to he in “John B. Dail and another, or others.” This motion was refused, and the defendant appealed.

1Opinion of the CourtSettle, J.

“In any indictment wherein it shall he necessary to state the ownership of any property whatsoever, whether real or personal, which shall belong to, or be in the possession of more than one person, whether such persons be partners in trade, joint-tenants, or tenants in common, it shall be sufficient to name one of such persons, and state such property to belong to the person so named, and another, or others, as the case may be.” Rev. Code, ch. 35, sec. 19.

Before the passage of this Act, which is a copy of 7 Geo. 4 ch. 64, sec. 14, it was necessary, where the goods stolen were the property of…

2Cited by11 opinions

State v. AbrahamSupreme Court of North Carolina · 1994
State v. AlbartySupreme Court of North Carolina · 1953
State v. . Van DoranSupreme Court of North Carolina · 1891
State v. . WatkinsSupreme Court of North Carolina · 1888
State v. SellersSupreme Court of North Carolina · 1968

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