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STATE v. TURNER

No. 146.

77 S.E.2d 782 (1953)

238 N.C. 411

STATE v. TURNER.

Supreme Court of North Carolina.

October 14, 1953.

Attorney(s) appearing for the Case

Paul K. Barnwell and W. R. Sheppard, Hendersonville, for defendant-appellant.

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Gerald F. White, Member of Staff, Raleigh, for the State.

DEVIN, Chief Justice.

An examination of the record in this case leads us to the conclusion that the evidence offered by the State was insufficient to warrant conviction, and that the motion for nonsuit should have been allowed.

Trees and growth standing and being on land are real property and at common law were not the subject of larceny. State v. Jackson, 218 N.C. 373, 11 S.E.2d 149, 131 A.L.R. 143. To prevent the wrongful and unlawful cutting and carrying...

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