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State v. Holder

Supreme Court of North Carolina
Jun 1, 1879
81 N.C. 527 (N.C. 1879)


(June Term, 1879.)

Dogs — Larceny.

Dogs are not the subject of larceny in this State.

LARCENY, tried at Spring Term, 1879, of DAVIDSON, before Schenck, J.

Attorney-General for the State. (528)

No counsel in this Court for the defendant.

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

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.


Cited: Mowery v. Salisbury, 82 N.C. 177.

Summaries of

State v. Holder

Supreme Court of North Carolina
Jun 1, 1879
81 N.C. 527 (N.C. 1879)
Case details for

State v. Holder

Case Details


Court:Supreme Court of North Carolina

Date published: Jun 1, 1879


81 N.C. 527 (N.C. 1879)

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