State v. Cameron

• Decision Date: 13 October 1943
• Docket Number: 221.
• Citation: 27 S.E.2d 84,223 N.C. 464
• Parties: STATE v. CAMERON.
• Court: North Carolina Supreme Court

27 S.E.2d 84

223 N.C. 464

STATE v. CAMERON.

No. 221.

Supreme Court of North Carolina

October 13, 1943

Harry M. McMullan, Atty. Gen., and George B. Patton and Hughes J. Rhodes, Asst. Attys. Gen., for the State.

K.R Hoyle, of Sanford, for defendant.

DEVIN Justice.

Defendant's motion for judgment of nonsuit was properly denied. There was evidence, considered in the light most favorable for the State, tending to show that on the evening in question defendant in company with one Clegg came into the store and filling station of witness Howard, and that the defendant Cameron purchased a package of cigarettes, offering in payment a ten dollar bill, saying that was the only money he had. The witness Howard in making change took out his pocket-book containing approximately ninety dollars in paper money and laid it on the counter behind the scales. At this juncture Clegg called for four gallons of gasoline, and Howard and Clegg went out of the store room to the front to service Clegg's automobile, leaving defendant Cameron alone in the store. Defendant shortly afterwards followed Clegg out of the store, and he and Clegg left in the latter's car. A few minutes later Howard discovered that his pocket-book and money were gone, and notified the sheriff. The defendant Cameron was arrested next day and on his person was found a billfold containing eighty-six dollars in paper money. Of this, witness Howard identified three bills as his and as having been in his pocket-book when taken--one a $20 bill, identified by a brown spot on the end a $5 bill, identified by a pencil mark around the figure "5"; and a $1 bill identified by having been torn in two and pasted back together. Clegg, testifying as to what took place at the store, corroborated Howard in the main, but testified defendant came out of the store behind him.

Defendant did not become a witness, but offered his mother, who testified that the day before he was arrested she had given the defendant $61 in money to pay for repairs to an automobile. We think the evidence offered by the State was sufficient to carry the case to the jury and to support the verdict. State v. McKinnon, 223 N.C. 160, 25 S.E.2d 606. Defendant's prayers for peremptory instructions in his favor were properly refused.

The defendant excepted to certain testimony which was admitted over his objection, but upon examination of the record we find no error in the rulings of the court thereon. Defendant also noted several exceptions to the court's instructions to the jury, but all of those were pointed to those portions of the charge in which the contentions of the State and the defendant were being arrayed. No objection was made at the time. State v. Reddick, 222 N.C. 520, 23 S.E.2d 909. No unfairness appears in the manner in which the contentions were stated, nor do we...