Supreme Court of North Carolina, 1890

State v. Gray

State v. Gray
Supreme Court of North Carolina · Decided February 15, 1890 · Shepherd
106 N.C. 734

State v. Gray

Opinion of the Court

Shepherd, J.:

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.

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