Opinion · Supreme Court of North Carolina

State v. Holder

81 N.C. 527

Type: Opinion
Court: Supreme Court of North Carolina
Jurisdiction: North Carolina
Date: 1879-06-15
Topic: general

Ashe, J. The defendant was indicted for stealing a dog. It is no offence at common law. 4 Bl. Com., 236; Arch. Cr.

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Cited by: 6 opinions

STATEv. HOLDER,81 N.C. 527(1879)

STATE v. STEPHEN HOLDER.

Supreme Court of North Carolina

(June Term, 1879.)

Dogs — Larceny.

Dogs are not the subject of larceny in this State.

LARCENY, tried at Spring Term, 1879, of DAVIDSON, beforeSchenck, J.

The indictment charged the defendant, Stephen Holder,aliasStephen 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. (SeeS. v. House,65 N.C. 315; Latham, 13 Ired., 33.)

Attorney-Generalfor the State. (528)

No counsel in this Court for the defendant.

ASHE, J.

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.