Legal Opinion

State v. . Ledford

Supreme Court of North Carolina

Decided June 5, 1872PublishedCited by 3 opinions

Larceny, tried before Tonrgee, J., at Spring Term, 1S72, of the Superior Court of Guilford. The defendant was charged with stealing certain pieces of fractional currency of the United States, the property of one J. C. Rees, from a drawer in a bar-room, in Greensboro’, kept by one Chadwick.

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Larceny, tried before Tonrgee, J., at Spring Term, 1S72, of the Superior Court of Guilford. The defendant was charged with stealing certain pieces of fractional currency of the United States, the property of one J. C. Rees, from a drawer in a bar-room, in Greensboro’, kept by one Chadwick. The evidence was, that Rees had counted the money in the drawer on the morning of the day of the alleged theft; that in the afternoon Chadwick left the bar-room for a few minutes, and the defendant, two colored men, and perhaps others, remained in the room. While Chadwick was absent the defendant went to…

1Opinion of the CourtHoyden, J.

We think his Honor was mistaken in his charge to the jury under the circumstances of this ease. It was proved on the part of the State that the fractional currency was taken from the drawer of the prosecutor, in the presence of some three persons, and one of the witn esses testified that life saw the defendant open the drawer and take out something, he did not know what, and that defendant afterwards showed him some small bills and said Rees had told him to try Chadwick.

With the foregoing evidence his Honor instructed the jury that to constitute larceny, as to the taking, all that was…

2Cited by3 opinions

  1. State v. . CoySupreme Court of North Carolina · 1896
  2. State v. AlbertOregon Supreme Court · 1926
  3. State v. Foy.Supreme Court of North Carolina · 1902

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