State v. Pugh
State v. MacEo Pugh.
Opinion of the Court
Stacy, C. J.
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.
S. v. Hadfock, 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.
S. v. Corpening, 191 N. C., 751 , 133 S. E., 14 .
Reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.