State v. . Caylor
Supreme Court of North Carolina
INDICTMENT for larceny, tried before Bay, J., and a jury, at July Term, 1919, of Swain. Tbe defendant was indicted for tbe larceny of lumber of the value of $200, tbe property of A. T. Dorsey. All of the evidence was not sent up. From tbe little tbat is here, we gather tbat tbe lumber was stacked or piled in different places.
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INDICTMENT for larceny, tried before Bay, J., and a jury, at July Term, 1919, of Swain. Tbe defendant was indicted for tbe larceny of lumber of the value of $200, tbe property of A. T. Dorsey. All of the evidence was not sent up. From tbe little tbat is here, we gather tbat tbe lumber was stacked or piled in different places. Tbe record discloses “tbat tbe lumber (alleged to bave been) stolen, was piled up in tbe barn, in tbe bouse, under tbe porch, under tbe crib shed, and neither was locked, and was near tbe road, where Dorsey’s bands passed and repassed, and where it could easily be seen…
1Opinion of the CourtWalker, J.
We must assume that there was evidence of the defendant’s guilt, as there is no point made as to there being none, the only assignments of error being to the charge of the court and the refusal to arrest judgment, except those that are merely formal.
1. If the judge stated the evidence to the jury incorrectly, the defendant should have called his attention to it, so that it could be corrected at the time. Failing to do so, waives any objection to it, as a similar omission waives the misstatement of a contention. S. v. Spencer, 176 N. C., 709; Bradley v. Mfg. Co., 177 N. C., 153.
2. The court…
2Cases cited11 opinions
- State v. . BradySupreme Court of North Carolina · 1890
- State v. . SpencerSupreme Court of North Carolina · 1918
- State v. . MosesSupreme Court of North Carolina · 1830
- State v. . MartinSupreme Court of North Carolina · 1880
- Bradley v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
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3Cited by3 opinions
- State v. IngramSupreme Court of North Carolina · 1967
- State v. BoomerCourt of Appeals of North Carolina · 1977
- State v. HaiglerCourt of Appeals of North Carolina · 1972