State v. Adams

• Decision Date: 20 October 1903
• Citation: 133 N.C. 667,45 S.E. 553
• Court: North Carolina Supreme Court
• Parties: STATE. v. ADAMS.

45 S.E. 553

133 N.C. 667

STATE.

v.ADAMS.

Supreme Court of North Carolina.

Oct. 20, 1903.

CRIMINAL LAW—VERDICT—DISREGARD OP INSTRUCTIONS—NEW TRIAL.

1. Where, on a trial under an indictment charging in one count larceny, and in another the receiving of the goods, knowing them to have been stolen, the instructions relate to the presumption of guilt arising from recent possession, without any reference to the testimony or law bearing on the second count, and the evidence connecting accused with the larceny is the fact that the goods were found in an open shelter on his premises on the morning following the larceny, a verdict finding him guilty of receiving goods, knowing them to have been stolen, entitles him to a new trial.

Appeal from Superior Court, Robeson County; Bryan, Judge.

H. B. Adams was convicted of receiving stolen goods, knowing them to have been stolen, and he appeals. Reversed.

McIntyre & Lawrence, for appellant.

The Attorney General and McLean, McLean & McCormick, for the State.

CONNOR, J. The defendant was indicted in one count for the larceny of two sacks of guano, and in the second count for receiving the said two sacks of guano, knowing them to have been stolen. The state introduced J. W. Carter, who testified: That he lived in Maxton, and was a merchant. That on the night of May 20th his warehouse was broken open, and some Acme guano taken out Several sacks were lost. That he saw tracks at the back of the door of warehouse, and about 30 or 40 steps away he found wheelbarrow tracks. Same tracks from oack door to wheelbarrow. That he followed the wheelbarrow down the railroad and across through the woods, and struck a cotton patch that defendant cultivates, right near his house. That the track went by end of cotton rows, and then struck the main road within about 50 yards of defendant's house, and then went up to a shelter at or near his back door. That he saw defendant next morning. Met him at end of cotton rows. That he was dragging his feet, like he was trying to cover up tracks. That they passed each other, and defendant said, "Good morning." Witness told him that some one had broken into his warehouse the night before, and had taken two sacks of guano, and that he had followed the wheelbarrow tracks; and witness said, "Now, Adams, pretty close to your house." Witness asked him if he knew anything of the fertilizer. Defendant said, "Yes;" that there were two sacks in that shelter. They went to the shelter, and found two sacks of fertilizer covered up. They began to uncover it. Defendant said he did not know how it got there; that the year before he had bought some from some of the boys; that perhaps Jesse McLean put it there. McLean came up about this time, and Adams asked him if he put it there. McLean said, "You know very well I had nothing to do with it." Witness went back to town and got out a warrant That he could not find where tracks led from the shelter. That he found the wheelbarrow some 500 yards away, in a ditch. Bushes had grown up beside the ditch. That they i found a place near the railroad where it looked like the whole load—wheelbarrow and all—had been upset. Milton McRae claimed the wheelbarrow. That defendant requested that Jesse McLean be called as a witness before the magistrate. He asked the deputy sheriff to get him as a witness, but he did not ask the magistrate to subpoena him. Andrew Wilkinson, who was introduced for the state, says: That he saw the wheel-barrow in the ditch on the night of the 20th, about 12 o'clock. That he went after An-drew Malloy, and when he came back the wheelbarrow and guano were gone. That he saw the back door of Carter's warehouse open, and saw tracks the next day, and meas-ured the tracks. That the heel was slightly curved in front, and worn at back, and he measured defendant's shoe, and it was the same as the tracks. Front part of heel was curved. That he saw defendant's shoe put in the tracks. Fitted exactly. He saw the tracks following the wheelbarrow, and they looked like those he had measured. Defendant testified: That he did not leave his house during the night. That his wife was about to be confined. He saw the guano there early the next morning, and told Robert George about it That he was not kicking out tracks, but was kicking in the dirt to see if it was wet enough to set out potato slips. It had rained the night before. The defendant's wife testified that her husband was home all night, and she was expectingto be confined, and did not sleep well; that she was confined on the 24th; that on Friday morning the defendant spoke to her about the guano, and said he did not know where it came from. Robert George, witness for the defendant, testified that he saw the defendant the next morning, and he said...