State v. Babb

CLARK, Judge.

Did the trial court err in denying defendant’s motion for judgment as of nonsuit on the ground that there was no evidence that the tires and tubes were stolen property?

The indictment charges that defendant did feloniously receive property knowing the same to have been “feloniously stolen, taken, and carried away, . . .” The quoted words are a short-hand definition of common-law larceny. But the evidence fails to establish common-law larceny of the tires and tubes. One element of common-law larceny is that the property must be taken under such circumstances as to amount…