Opinion
01-01-1818
Griffin Thompson v. The Commonwealth
This was an application for a Writ of Error to a judgment of the Superior Court of Charlotte. The petitioner was indicted for the larceny of a hat, of the goods and chattels of one Robert D. Moore. He was convicted, and then moved in arrest of judgment: 1. Because the Indictment does not aver that the hat stolen was taken from the possession of the owner, or from the possession of any other person. 2. Because there were not five days between the commitment by the Magistrate, and the examination before the Examining Court. (The warrant of commitment was dated on the 6th April; the examination was held on the 11th. So that, exclusive of both days, there were only four intervening days, but including one, and excluding the other, there were five days.)
OPINION
By the Court. The Writ of Error is refused.