State v. Pugh
| Decision Date | 13 March 1929 |
| Docket Number | (No. 202.) |
| Citation | 147 S.E. 7 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. PUGH. |
lowed, since allegation without proof is unavailing.
Appeal from Superior Court, Lenoir County; Romulus A. Nunn, Judge.
Maceo Pugh was convicted of larceny and receiving stolen goods, and he appeals. Reversed.
Criminal prosecution tried upon an indictment charging the defendant and another with larceny and receiving. Verdict: Guilty. Judgment: Six months on the roads. Defendant appeals, assigning errors.
Shaw & Jones, of Kinston, for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
STACY, C. J. [1, 2] The bill of indictment charges the defendant and another with the larceny of "334 pounds of leaf tobacco, of the value of $58.97, the goods and chattels of L. B. Jenkins Company, " and with receiving same, knowing it to have been feloniously stolen or taken, in violation of C. S. § 4250. There is no evidence on the record tending to show that the tobacco, if stolen or received with knowledge of its larceny by another, was the property of L. B. Jenkins Company. State v. Haddock, 3 N. C. 162. Proof of the corpus delicti, therefore, is wanting, or the crime as charged is not supported by the evidence. Hence the defendant's motion to dismiss, or for judgment as in case of nonsuit, should have been allowed. Allegation without proof is unavailing. State v. Corpening, 191 N. C. 751, 133 S. E. 14.
Reversed.
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State v. Brady
...and the proof, and his motion to dismiss as of nonsuit should have been allowed. The appellant is relying on the case of State v. Pugh, 196 N.C. 725, 147 S.E. 7, 8, in which the bill of indictment charged the defendant and others with the larceny of '334 pounds of leaf tobacco, of the value......
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