Opinion · Supreme Court of North Carolina
State v. . Negro Lewis
9 N.C. 98
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1822-06-05
- Topic
- general
Hall, Judge. It i» r<íI:H¡íteá, in this case, that. both !.ndii'ki’“nir’, are, for the same felonious h/hinp; of Vn<; mme [puds. Alie Fiefei’iilaiii is found guilty of a grand larceny. on that indioi.moni which ciiat-eyo a burglary and dcsitiuc;. ■* The other indiotraeni is for a robbery j a robbery i» a larceuy. hut of a atore agrrjnsvried kind. The first i» a simple larceny. The other f; a com pound or mixed b¡r-ceny, because it includes in it the r,;>;yrs>vati<m of a felonious faking front 11; r p-rsj.;.
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- Cited by
- 7 opinions
STATEv. NEGRO LEWIS,9 N.C. 98(1822)
STATE v. LEWIS, A SLAVE.
Supreme Court of North Carolina
June Term, 1822.
The other indictment is for a robbery. A robbery is a larceny, but of a more aggravated kind. The first is a simple larceny. The other is a compound or mixed larceny, because it includes in it the aggravation of a felonious takingfrom the person.
Now, suppose the defendant should be tried and found guilty on the second indictment? It must certainly follow that he had been tried twice for the felonious taking of the same goods. It is true, if the first conviction is a bar to a trial on the second indictment, the prisoner would go untried as to that which constitutes the (100) difference between simple larceny and mixed and compound larceny, viz., a takingfrom the person. In such case he would be convicted of afelonious taking, but not of a felonious takingfrom the person. Whereas, should he be tried and convicted on both indictments, it might be said he had been convicted twice of afelonious taking, and once ofPage 62a felonious takingfrom the person, which I think would be at points with the principle "that no one should be twice put in peril for the same crime." This principle has such deep root in the criminal law, and is cherished byso manyjudicial decisions, that it is not deemed necessary to refer to any of them.
I therefore think the conviction on the first indictment for burglary and larceny a good plea to a trial on the second indictment for robbery. I also think that the record of these proceedings and the admissions of the Attorney-General were sufficient to authorize the judge below todischargethe prisoner. And in this opinion the rest of the Court concurred.
PER CURIAM. Affirmed.Cited: S. v. Cross,101 N.C. 779.