State v. Baker
Decision Date | 29 March 1946 |
Docket Number | 15822. |
Citation | 37 S.E.2d 525,208 S.C. 195 |
Parties | STATE v. BAKER. |
Court | South Carolina Supreme Court |
L. B. Haselden, of Dillon, and W. B. Norton, of Marion, for appellant.
S S. Tison, of Bennettsville, for respondent.
Upon an indictment charging him with (1) breaking and entering a house with intent to steal, (2) grand larceny, and (3) receiving stolen goods, knowing the same to have been stolen appellant, Eddie Baker, a Negro, was convicted on the first and second counts and sentenced to imprisonment for a period of eight months. At the close of the State's testimony, his counsel moved for the direction of a verdict of acquittal. After the jury returned its verdict appellant moved for a judgment of acquittal non obstante veredicto and failing in that, for a new trial. All of these motions were refused and this appeal followed.
It is first contended that the trial Judge erred in refusing to direct a verdict of acquittal on the ground that the testimony was insufficient to support a conviction. The determination of this question necessitates a brief review of the evidence.
Brown McCollum, a farmer residing in Dillon County, had approximately 580 bushels of oats stored in an unoccupied tenant house. On or about Saturday, July 15, 1944, some one pried open a window that was nailed, entered the house, and removed a quantity of oats. High weeds around the house were found 'mashed down at the window.' It rained during that day and night. The theft of the oats was first reported to Mr. McCollum on the following Monday morning, at which time he, along with a deputy sheriff of Dillon County started an investigation. The tracks of some vehicle with rubber tires were seen in a farm road about ten or fifteen steps from the tenant house and between this point and the window of the house there were some oats scattered on the ground. The tracks showed that they were made when the ground was wet and that there was a light shower after the tracks were made. On account of the rain it was impossible to determine the tread of the tires. On the following Wednesday, four days after the oats were stolen, the deputy sheriff searched a barn on a farm rented by appellant as a sharecropper, which was located about five miles from the farm of McCollum, and found eight full sacks of oats and another partly filled. He then went to a nearby field where appellant was working and inquired about the oats. Appellant replied that he had bought them on the preceding Saturday night from another Negro, giving his name, who lived at Rowland, North Carolina. Thereupon the deputy sheriff procured a warrant for the Negro named by appellant and proceeded to Rowland to arrest him, but after a diligent search in that community was unable to find any Negro by that name.
Mr. McCollum, in describing the oats stolen from his tenant house, testified as follows:
The deputy sheriff carried the sacks of oats found in appellant's barn to Mr. McCollum's house. The oats and sacks were still wet. On direct examination, Mr. McCollum testified as follows with reference to the resemblance of these oats to the oats stolen:
And on cross-examination, as follows:
Mr. McCollum was not asked to estimate the quantity of oats removed from his tenant house. He testified, however, that 'you could see where they had shoveled out of the pile or taken out of the pile.'
The deputy sheriff's testimony corroborated that of McCollum with reference to the resemblance between the oats stolen and those taken from the barn of appellant. This officer further testified that he found some oats of the same character scattered in the car of appellant. With reference to the automobile tracks, he testified as follows on cross-examination:
The foregoing is a summary of the testimony offered by the State. The appellant testified that on the Saturday night of the alleged theft he was stopped by two men who had a truck bearing a North Carolina license tag parked on the side of the road with a flat tire; that after assisting them in fixing the tire, they offered to sell him nine bags of oats which he finally bought for about half price; that the two men, one a Negro and the other an Indian, then carried the oats in this truck to his barn; and that he had never seen the Negro before, but had previously seen the Indian, who lived near Rowland, North Carolina, once or twice.
If the evidence was sufficient to identify the oats found in appellant's possession as those stolen from the prosecuting witness, it was incumbent upon appellant to give some satisfactory explanation of his possession consistent with his innocence; otherwise, the law presumes him to be the thief. State v. Winter, 83 S.C. 153, 65 S.E. 209; State v. Rowe, 122 S.C. 448, 115 S.E. 586; State v. Campbell et al., 131 S.C. 357, 127 S.E. 439; State v. Roof, 196 S.C. 204, 12 S.E.2d 705. Appellant recognizes this well-established principle, but earnestly contends that the evidence as to identity is insufficient.
Accepting as true the testimony of the State, as we are required to do in passing on this question, it was sufficient, if believed by the jury, to establish the following circumstances: The oats stolen had unusual distinguishing features; they were removed while it was raining; appellant, about the same time, received some oats with the same distinguishing features, which were wet; a few oats similar to those stolen were found scattered in appellant's car, no one bearing the name given by appellant as that of the person from whom he bought the oats could be found.
It appears to be well settled that the degree of proof as to the identity of the stolen goods depends in some measure on the time which elapsed between the commission of the theft and the receipt of the property by the accused. If the possession be not recent, stricter proof of identity is required than in the case where the possession is very recent. State v. Slack, 1 Bailey 330; Gravely v. Commonwealth, 86 Va. 396, 10 S.E. 431.
In view of the peculiar earmarks of the oats stolen in the instant case, the recency of the possession, and all the surrounding circumstances, we think the evidence was sufficient to warrant the jury in drawing the conclusion that the oats found in appellant's possession were those stolen from the prosecuting witness. The motion for a directed verdict of acquittal was, therefore, properly refused. Of course, it was the function of the jury to pass upon the credibility of the witnesses and the weight to be given to the testimony. That body was at liberty to conclude that the identity of the property had not been established beyond a reasonable doubt or, if established, that the accused had given a satisfactory explanation of his possession consistent with his innocence. We are only holding that the testimony was sufficient to justify the submission of these questions to the jury.
We have carefully considered the cases relied on by appellant, but in none of them do we find that the property stolen had characteristics or earmarks as strong or outstanding as those possessed by the property stolen in this case. For example, in State v. Hamilton, 138 S.C. 164, 136 S.E. 391, relied on by appellant, Camel and Chesterfield cigarettes were found in defendant's possession, but there was no way to distinguish these from those stolen or other cigarettes of the same brands; in State v. Martin et al., 118 S.C. 21, 110 S.E. 78, lard and cakes were stolen, but neither had any distinguishing features.
It is next contended that the trial Judge erred in failing to charge the law governing circumstantial evidence. There was no request that he do so. But, irrespective of a request, the trial Judge is required to instruct the jury as to the rules governing circumstantial evidence where the State depends solely upon this class of evidence to support a conviction. State v. Bunyon, 137 S.C. 391, 135 S.E. 361; State v. Rickenbaker et al., 187 S.C. 448, 198 S.E 43. We think in this case the State depended entirely upon circumstantial evidence to connect the accused with the...
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