STATE v. CARSWELL

No. 53.

249 S.E.2d 427 (1978)

296 N.C. 101

STATE of North Carolina v. Rex CARSWELL.

Supreme Court of North Carolina.

November 28, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Henry H. Burgwyn, Raleigh, for the State.

Simpson, Baker, Aycock & Beyer by Richard W. Beyer, Morganton, for defendant.


COPELAND, Justice.

The Court of Appeals held that the movement of the air conditioner in this case was an insufficient taking and asportation to constitute a case of larceny against the defendant. Because we believe that there was enough evidence to send the larceny charge to the jury, we reverse the Court of Appeals on this point and reinstate the judgment of Judge Thornburg.

This case comes to the Court only on the contention that the judge erroneously denied...

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