Opinion
(Filed 24 December, 1920.)
APPEAL by defendant from Calvert, J., at the June Special Term, 1920, of DURHAM.
This is an indictment against three defendants for the larceny of tobacco, the property of the Imperial Tobacco Company.
At the conclusion of the evidence there was a motion for judgment of nonsuit, which was overruled, and the defendants excepted.
There was a verdict of guilty, and an appeal from the judgment pronounced thereon to the Supreme Court.
Attorney-General Manning and Assistant Attorney-General Nash for the State.
Brawley Gantt for defendant.
We have examined the evidence carefully and are of opinion that it is ample to sustain the verdict.
The evidence of the witness Fallon, which was objected to, was clearly competent as tending to prove the loss of the tobacco.
No error.