State v. . Hill

Citations

• 18 S.E. 971
• 114 N.C. 780

Syllabus

<p>Larceny — Felonious Intent — Secrecy—Remarks of Counsel.</p> <p>1. While secrecy is usually a part of the evidence of felonious intent it is not such an essential accompaniment of larceny as to require the State, in every instance, to prove an attempt to conceal the taking.</p> <p>2. Where, in the trial of an indictment for larceny, there was conflicting evidence as to the manner in which the defendant took and carried from a store a piece of meat, it was proper in the Court to leave the question of felonious intent to the jury.</p> <p>3. Where the Solicitor, in reply to a remai'k by the defendant’s counsel that the defendant was a respectable white man, said to the jury that he himself was a colored man, and that if defendant was a colored man the jury would convict him in five minutes on the evidence, the error (if any) in permitting such remark to the jury was cured by a caution by the Court, in its charge to the jury, not to be influenced by the remarks complained of.</p>