State v. . Bruce

Citations

• 11 S.E. 475
• 106 N.C. 792

Syllabus

<p>Appeal — Assignment of Error — Evidence—Larceny.</p> <p>1. The objection that there was no evidence to go to the jury cannot be taken for the first time in the Supreme Court.</p> <p>2. Where there was evidence tending to show that the prosecutor was drunk, and, in that condition, cai’ried into a building open to the public, where he soon became unconscious, and while in that condition his pocket-book, containing currency and coin, was stolen; that the defendant and a comrade were seen in and around the building about the time of the theft; that, a short time before, defendant had no money, but soon thereafter made a deposit of a certain sum and expended more; that a pocket-book resembling the one prosecutor had lost, except the clasps, which were recently broken off, was found on defendant’s person, and that his comrade had also been found in possession of a sum of money, which defendant said he had given him: Held to be sufficient evidence to be submitted to the jury and, if believed, to support a verdict of guilty of larceny.</p>