State v. Gray
Supreme Court of North Carolina
State v. Gray, 106 N.C. 734 (N.C. 1890)
Shepherd
State v. Gray
Opinion of the Court
We are very clearly of the opinion that there was ample testimony to go to the jury upon the question of asportation. It is sufficient if the sheep were removed from the flock and were, even for an instant, under the control of the felon. State v. Green, 81 N. C, 561; State v. Jackson, 65 N. C., 305.
The testimony strongly tended to show these facts, and his Honor very properly refused to give the instruction asked for by the defendant.
Affirmed.
Reference
- Full Case Name
- State v. WILLIAM GRAY
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Asportation — Larceny—Evidence. The prosecutor’s sheep were grazing in a field in which there was a vacant house, the entrance to which was barred by boards. On approaching the house on one occasion the prosecutor discovered the defendant in the house with several of his sheep, the entrance being closed by boards arranged in a different manner ; he saw the defendant seize one of the sheep, but upon discovering prosecutor he fled : Held, that there was evidence of asportation sufficient, if believed, to suppoit a verdict of guilty of larceny.