State v. Gray

Shepherd, J.: We are very clearly of the opinion that there was ample testimony to go to the jury upon the question of asportation. It is sufficient if the sheep were removed from the flock and were, even for an instant, under the control of the felon. State v. Green, 81 N. C, 561; State v. Jackson, 65 N. C., 305. The testimony strongly tended to show these facts, and his Honor very properly refused to give the instruction asked for by the defendant. Affirmed.