State v. Massengill

• Decision Date: 17 March 1948
• Docket Number: 222
• Citation: 46 S.E.2d 713,228 N.C. 612
• Parties: STATE v. MASSENGILL et al.
• Court: North Carolina Supreme Court

46 S.E.2d 713

228 N.C. 612

STATE v. MASSENGILL et al.

No. 222

Supreme Court of North Carolina

March 17, 1948

The defendants were indicted for larceny of 800 pounds of cotton, the property of N. L. Massengill.

There was evidence for the State that on the night of November 6 1947, seed cotton, in quantity between 800 and 1,000 pounds was stolen from the premises of the prosecuting witness. This cotton had been put in 8 brown sheets, and placed under an open barn shelter, 10 feet from the road. The loss was discovered next morning about 8:30. The evidence indicated that the cotton had been carried from the shelter and loaded on a truck a short distance down the road. The tracks of four men were visible on the ground between the shelter and the road, and there were bits of cotton along the road, which led to the home of defendant Barefoot. N. L. Massengill testified: 'I found cotton strewn from my house to Barefoot's house along the road ' He also saw a lock of cotton near the edge of the road at Barefoot's driveway. Examination of the tracks by this witness and the officers showed one shoe had left the impression in the sand of 13 to 19 tacks, and on defendant Johnson's shoe were found the same number of tacks, and these fitted and corresponded with the impressions on the ground exactly. Another track corresponded with the shoes of defendant Massengill and his shoes were found to fit these tracks. Cotton had also been stolen on the same night from another resident of the community. The three defendants lived within a few hundred yards of each other and about two miles from the prosecuting witness. Barefoot owned a truck. Defendants Massengill and Johnson were tenants of Carson Lee and Barefoot lived on his wife's land.

The evidence further showed that early on the morning of November 7, about 6 a. m., 'before good light,' defendant Barefoot drove his truck loaded with two bales of seed cotton in sheets to the gin at Benson, nine miles from his home, accompanied by defendants Massengill and Johnson. This cotton was ginned and immediately sold in the name of Barefoot. When questioned about this by the officers Barefoot first said it was his wife's cotton, and later admitted he had carried one bale for defendants Massengill and Johnson. The gin at Four Oaks usually patronized was only four miles away. The landlord of defendants Massengill and Johnson testified that they had at that time picked but a small quantity of cotton, less than a bale, and Johnson's wife told the officers in his presence that all the cotton he had picked was in the house, and showed them in a room some 200 pounds. No notice had been given or permission obtained from the landlord to remove any cotton. A few days afterward defendant Johnson was asked by a witness, 'What did you boys steal that cotton for?' and he replied, 'I don't know.'

The defendants offered evidence in defense, denied taking the cotton, and claimed the cotton hauled on 7 November was their own. Each defendant, on cross-examination, admitted having been heretofore convicted of violation of law. Another person was originally indicted with these three defendants, but the evidence as to him was held insufficient.

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