State v. Anderson

• Decision Date: 19 February 1913
• Citation: 77 S.E. 238,162 N.C. 571
• Parties: STATE v. ANDERSON.
• Court: North Carolina Supreme Court

77 S.E. 238

162 N.C. 571

STATE v. ANDERSON.

Supreme Court of North Carolina

February 19, 1913

Appeal from Superior Court, Hyde County; Lane, Judge.

J. B Anderson was convicted of larceny, and appeals. Reversed, and new trial ordered.

Where the evidence affords a reasonable explanation, consistent with innocence, of recent possession of stolen property, the court should instruct that if the evidence offered in explanation raises a reasonable doubt of guilt the jury should acquit.

Among other things, the court charged the jury as follows "The law is that, whenever a person is found in possession of property which has been stolen, and recently after the theft, the law presumes that the person so found in possession is the one who has stolen the property, and this presumption is strong or weak according to the length of time which has passed between the time of the stealing and the time the said property is found in his possession; and the burden then shifts to the person so found in possession to show, not beyond a reasonable doubt, but to the satisfaction of the jury, that he came by the property in a lawful manner and thus rebut such presumption." Defendant excepted. Verdict of guilty. Judgment on the verdict, and defendant excepted and appealed.

Ward & Grimes, of Washington, N. C., Spencer & Spencer, of Swan Quarter, and Thomas Long, of Lake Landing, for appellant.

T. W Bickett, Atty. Gen., and T. H. Calvert, Asst. Atty. Gen., for the State.

HOKE J.

There was evidence on the part of the state tending to show that the prosecutor, a resident of Hyde county, at or in said county, had, within the past three months before the trial, lost several cattle by theft, an ox and six cows. About 30 days before the trial, he had found the hide of one of the cows, recently killed and well identified, in possession of a dealer in Washington, N. C., and this hide had just been bought from A. A. Nichols, a butcher in Washington. There was other testimony tending to show a theft of the cattle.

Said A. A. Nichols, for the state, among other things, testified as follows: "I know Anderson, who was in command of a boat, and had several men with him. I bought some cattle from Anderson in October. I buy cattle frequently from boat captains. A low colored man came to me and asked me if I had bought any cattle from Anderson. I told him 'Yes.' I sold the hides to Mr. Hudson and Mr. Cutler. I bought an old cow from Anderson. She was poor, and I turned her out to fatten. I bought six or eight with that lot. I am not sure of the exact number. I kept her a month before I killed her. Anderson runs a boat regularly from Hyde county to Washington, and carries freight for the public for a toll. Boats go to Washington frequently with cattle, and the captains of the boats sell them. Anderson sold these cattle in the open market, as is the custom with all boatmen who ship cattle. It has been about a month since I killed this cow. I bought her about two months ago, and kept her about a month before killing. (Hide shown to witness at this point, and witness identified it as the hide of the cow last above referred to.)" Witness further stated he was able to do this positively by reason of the location and character of the bullet wound, as he killed the cow himself.

The defendant, a witness in his own behalf, testified as follows "I am the defendant; born and raised in Hyde county. I run a freight boat from Hyde...