State v. . Holder

Supreme Court of North Carolina

State v. . Holder

81 N.C. 527

DecidedJune 5, 1879

StatusPublished

This text of 81 N.C. 527 (State v. . Holder) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Holder, 81 N.C. 527 (N.C. 1879).

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Opinion

The indictment charged the defendant, Stephen Holder, alias Stephen Phillips, with stealing "one dog of the value of one dollar," the property of one T. T. Spaugh. The defendant's counsel moved to quash the indictment on the ground that it did not charge an indictable offense. The motion was allowed, and Dobson, Solicitor for the State, appealed. (See S. v. House,65 N.C. 315; Latham, 13 Ired., 33.) The defendant was indicted for stealing a dog. It is no offense at common law. 4 Bl. Com., 236; Arch. Cr. Pl., 175; 1 Hale P. C., 512. The common law is the law of this State, except where altered by statute; and we have no statute making it larceny to steal a dog; therefore, the indictment can not be sustained.

Affirmed.

Cited: Mowery v. Salisbury, 82 N.C. 177.

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The indictment charged the defendant, Stephen Holder, alias Stephen Phillips, with stealing "one dog of the value of one dollar," the property of one T. T. Spaugh. The defendant's counsel moved to quash the indictment on the ground that it did not charge an indictable offense. The motion was allowed, and Dobson, Solicitor for the State, appealed. (See S. v. House,65 N.C. 315; Latham, 13 Ired., 33.) The defendant was indicted for stealing a dog. It is no offense at common law. 4 Bl. Com., 236; Arch. Cr. Pl., 175; 1 Hale P. C., 512. The common law is the law of this State, except where altered by statute; and we have no statute making it larceny to steal a dog; therefore, the indictment can not be sustained.

Affirmed.

Cited: Mowery v. Salisbury, 82 N.C. 177.

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81 N.C. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holder-nc-1879.

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