State v. McCanless
| Decision Date | 09 November 1921 |
| Docket Number | 350. |
| Citation | 109 S.E. 62,182 N.C. 843 |
| Parties | STATE v. MCCANLESS. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Rockingham County; Webb, Judge.
Roy McCanless was convicted of larceny of an automobile and of receiving it knowing it to have been stolen, and he appeals. Affirmed. No error.
In a prosecution for larceny of automobile and for receiving the automobile knowing it to have been stolen, evidence held sufficient for submission of case to jury.
The defendant was convicted of the larceny and receiving of a Ford car, the property of H. D. Winn.
Mr Winn had his car stolen at the Leaksville Fair, September 28 1920. It was a new 1920 model Ford car in excellent condition with a full complement of tires and many extras. Its engine number, when he bought it, was 4,100,416. When he got it back the number was changed to 4,101,027, and you could see distinctly where the change had been made.
In the early part of January, 1921, he found this car in Greensboro. He details in his testimony the marks by which he identified it when discovered in Greensboro. There can be no doubt that the car found was the car which had been stolen from him. When he got the car back, all the extras and tools were gone.
The defendant, Roy McCanless, sold this car for $300 to one Gardner, who lived at Proximity Mills, on December 6th. It had cost Winn with all its extras in July, 1920, $908, and he testified that it was worth $850 at the time it was stolen.
Hobbs a deputy sheriff of Guilford, arrested the defendant, at his father's house.
He found a lot of automobile tools, such as wrenches, etc., a large steering wheel at the grainhouse hanging under the shed, fenders, shock absorbers in the loft of the smokehouse. There was also a large box full of wrenches; there was no garage there.
The defendant himself testified that the tools, wrenches belonged to his father. His father, O. L. McCanless, testified:
The defendant's object in saying that these things belonged to his father is apparent from what he said in that immediate connection, on top of page 11:
"My father had owned two cars, a Dodge and a Ford, about three weeks before they (officers) came down there."
The defendant himself testified that he bought this car from Percy Newman the second week in October, and paid $500 for it. His father testified...
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State v. Ashburn
...to either question as to what the answer of the witness would have been. State v. Jestes, 185 N.C. 736, 117 S.E. 385; State v. McCanless, 182 N.C. 843, 109 S.E. 62; State v. Yearwood, 178 N.C. 813, 101 S.E. State v. Spencer, 176 N.C. 709, 97 S.E. 155; State v. Neville, 175 N.C. 731, 95 S.E.......
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State v. Taylor
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