State v. Stokes

Supreme Court of South Carolina

State v. Stokes

66 S.E. 993, 84 S.C. 579, 1910 S.C. LEXIS 175

CourtSupreme Court of South Carolina

DecidedFebruary 17, 1910

Docket7436

StatusPublished

Cited by4 cases

This text of 66 S.E. 993 (State v. Stokes) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Stokes, 66 S.E. 993, 84 S.C. 579, 1910 S.C. LEXIS 175 (S.C. 1910).

Pincite

Opinion

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendant was convicted and • sentenced under an indictment charging him with the larceny of a cow, the property of Aaron Roach. There was evidence of an outstanding overdue mortgage on the property given by Roach. The Court charged the jury that proof of the lawful possession of property is sufficient to sustain the allegation of the ownership of the person in possession in an indictment for larceny.

The sole question in the appeal is, whether a mortgagor of personal property in possession after condition broken has such ownership as will sustain an indictment for larceny, laying the ownership in the mortgagor. The question is settled against appellant’s contention. State v. Addington 1 Bailey, 311; State v. Phillips, 73 S. C., 236, 53 S. E., 370.

The judgment of this Court is that the judgment of the Circuit Court be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI