State v. Shew

• Citation: 145 S.E. 679,196 N.C. 386
• Decision Date: 12 December 1928
• Docket Number: 521.
• Parties: STATE v. SHEW.
• Court: North Carolina Supreme Court

145 S.E. 679

196 N.C. 386

STATE v. SHEW.

No. 521.

Supreme Court of North Carolina

December 12, 1928

Appeal from Superior Court, Wilkes County; Michael Schenck, Judge.

Harrison Shew was convicted for receiving stolen automobile knowing it to have been stolen, and he appeals. No error.

Defendant was convicted for receiving a stolen Ford touring car knowing it to have been stolen. From the judgment he appealed to the Supreme Court, assigning errors.

Admitting accomplice's testimony, without charging jury to scrutinize it, held not erroneous, in absence of request for prayer on subject.

J. Hubert Whicker, of North Wilkesboro, and Trivette & Comer, of Boone, for appellant.

D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

PER CURIAM.

Did his honor err in permitting Harvey Campbell, who was serving a term in the state's penitentiary for stealing automobiles, to testify against the defendant, without charging the jury that the jury should scrutinize the testimony of said Campbell? We think not.

Defendant asked no prayer on the subject; it is ordinarily not incumbent on the court to charge without a request. State v. O'Neal, 187 N.C. 22, 120 S.E. 817.

It is well-settled in this jurisdiction that the uncorroborated testimony of an accomplice should be received with caution, yet there is no rule of law forbidding a conviction on his evidence alone. State v. Ashburn, 187 N.C. at page 728, 122 S.E. 833.

The testimony of W. W. Ashburn was positive as to the ownership of the stolen car-"that he knew that this car belonged to Miss Ora L. Beam."

We can find no error in the record.

No error.