STATE v. BABB

No. 7711SC416.

238 S.E.2d 308 (1977)

34 N.C. App. 336

STATE of North Carolina v. Clinton BABB.

Court of Appeals of North Carolina.

November 2, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James Peeler Smith, Raleigh, for the State.

Pittman, Staton & Betts by Stanley W. West and William W. Staton, Sanford, for defendant appellant.


CLARK, Judge.

Did the trial court err in denying defendant's motion for judgment as of nonsuit on the ground that there was no evidence that the tires and tubes were stolen property?

The indictment charges that defendant did feloniously receive property knowing the same to have been "feloniously stolen, taken, and carried away, . . ." The quoted words are a short-hand definition of common-law larceny. But the evidence fails to establish common-law larceny...

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