State v. Monk
| Decision Date | 16 May 1978 |
| Docket Number | No. 775SC1004,775SC1004 |
| Citation | 36 N.C.App. 337,244 S.E.2d 186 |
| Parties | STATE of North Carolina v. William Gaston MONK. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert G. Webb, for the State.
Peter Grear, Wilmington, for defendant-appellant.
By his sixth assignment of error, the defendant contends that the trial court erred in its denial of the defendant's motion to dismiss at the close of the State's evidence. It is well-established that in reviewing the trial court's denial of a motion for judgment as of nonsuit, we must view the evidence in the light most favorable to the State and determine whether it is sufficient to find that the crime charged in the indictment has been committed and that the defendant committed it. State v. Price, 280 N.C. 154, 184 S.E.2d 866 (1971).
Viewed in this light, we think that there was sufficient evidence to submit the case to the jury and to support the verdict. We particularly note evidence that some of the women's clothing found in the box was seen on the rack in the women's section of the store at the beginning of the evening; that none of the clothes found were sold during the night; that defendant, who in the normal performance of his duties would remain in the front of the store, was seen walking around the men's and women's sections of the store near the same racks where some of the clothes had been seen earlier; that the defendant possessed the only key to the back door; and that he made a trip to the dumpster purportedly to empty trash at a time when the back door was never supposed to be opened according to company policy. We think this evidence provided a sufficient basis from which the jury could infer that defendant took the box of clothes to a place where he could later return to pick them up.
The defendant next contends that the trial court erred in its admission of the testimony of Doris Little, the manager of the store, regarding the clothes size of defendant's wife. The testimony objected to tended to prove that the defendant's wife wore size 13-14 blouses while other evidence established that the blouses stolen were of the same size. We think the testimony was clearly relevant to show the defendant's motive in taking the women's clothes. 1 Stansbury's N.C.Evidence § 83 (Brandis Rev.1973).
The defendant also assigns as error the trial court's denial of his motion to quash the bill of indictment. He argues that the indictment which charges the defendant with stealing "assorted items of clothing, having a value of $504.99 the property of Payne's Inc." is defective in that it is not sufficiently particular in describing the stolen property. The defendant cites State v. Ingram, ...
To continue reading
Request your trial
-
State v. Memije
...S.E.2d at 801. In Justice, we compared the allegations before us in that case with the indictment discussed in State v. Monk, 36 N.C.App. 337, 340–41, 244 S.E.2d 186, 188 (1978), which charged the defendant “with stealing ‘assorted items of clothing, having a value of $504.99 the property o......
-
State v. Justice, COA11–1232.
...and other personal property” was too general and therefore insufficient. Id. at 543, 157 S.E.2d at 123; compare State v. Monk, 36 N.C.App. 337, 340, 244 S.E.2d 186, 188–89 (1978) (holding that “assorted items of clothing, having a value of $504.99 the property of Payne's, Inc.” was a suffic......
-
State v. Yarrell, No. COA03-243 (N.C. App. 3/2/2004)
...Court has upheld as sufficient indictments identifying personal property with similar levels of specificity. See State v. Monk, 36 N.C. App. 337, 340, 244 S.E.2d 186, 188 (1978) ("assorted items of clothing, having a value of $504.99"); State v. Hartley, 39 N.C. App. 70, 71, 249 S.E.2d 453,......
-
State v. Canipe
...the crime of larceny by employee. G.S. 14-74 does not require that the value of the stolen property be established. State v. Monk, 36 N.C.App. 337, 244 S.E.2d 186 (1978). Since the trial judge clearly indicated that he based his finding of aggravating factors on the fact that merchandise va......