Beaufort County NcArchives Court.....Robert Rawlston, State V. 1875
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Connie Ardrey n/a November 1, 2011, 3:22 pm

Source: N C Reports
Written: 1875

State v. Robert Rawlston

Upon the trial of a criminal action for stealing certain cattle, charged in 
one count to be the property of A, and in another count to be the property of 
some person to the jurors unknown, evidence that A about the time lost a 
number of cattle, will not justify a verdict that the defendant stole certain 
cattle, the property of some person to the jurors unknown.

Criminal Action, Larceny, tried at Spring Term, 1875, of the Superior Court of 
Beaufort County, before his Honor Judge Moore.

The following statement of facts accompanies the record as part of the case.

The indictment contained eight counts.

1. For stealing a cattle beast, the property of Judson C. Blakely.

2. For receiving the same.

3. For stealing ten pounds of beef, the property of said Blakely.

4. For receiving the same.

5. For stealing a cattle beast, the property of some person to the jurors 
unknown.

6. For receiving the same.

7. For stealing ten pounds of beef, the property of some person to the jurors 
unknown.

8. For receiving the same.

It was in evidence that the prosecutor lived in Pitt County, nine miles from 
the town of Washington, and that the defendant lived in the same county, one 
mile from the prosecutor. That he, the defendant, during the Fall of 1874, 
sold at various times in the streets of Washington, seven or eight beeves from 
his cart, ready butchered, and as many hides.

It was further in evidence, that the prosecutor had stolen from him fifteen 
cattle during the Fall of 1874; and that the defendant, when selling his beef, 
said that he was obliged to kill and sell his cattle, to make up for money 
which he had lost at cards at a circus that had been a short time before at 
Washington. The defendant had seven head of cattle before the beginning of the 
Fall of 1874, and had the same cattle in the Spring of 1875.

There was no evidence of the loss of cattle by any other person but the 
prosecutor, nor any other proof than that above stated.

The jury returned a verdict of guilty of stealing cattle, the property of some 
person to the jurors unknown. The defendant moved to set aside the verdict, as 
not authorized by the proof. Motion overruled. Judgment and appeal by the 
defendant.

D. M. Carter, for defendant
Attorney General Hargrove, & J. A. Moore for the State

NC Supreme Court Justice Bynum, J. - Indictment for larceny. It is only 
necessary to refer to two of the counts in the bill. One charges the defendant 
with stealing a "cattle beast," the property of Judson C. Blakely, and the 
other with stealing a cattle beast, the property of some one to the jurors 
unknown; and the defendant was convicted on the latter count.

If we exclude the evidence that the prosecutor, Blakely, had stolen from him 
several cattle about the time that the prisoner was selling butchered beef in 
the town of Washington, it could hardly be contended that there was evidence 
to convict the prisoner; for the case states that "there was no evidence of 
the loss of cattle by any other person but the prosecutor, Blakely. On the 
other hand, if we do not exclude that testimony, which of course was 
competent, then whatever weight it was entitled to, tended to show a larceny 
of the cattle of Blakely, a person "known." It was therefore error in the jury 
to find the prisoner guilty of stealing the cattle of some one, to the 
jurors "unknown."

Judgment reversed
Per Curiam
Venire de novo

Additional Comments:
In the NC Supreme Court June Term 1875

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