State v. Lovick

PARKER, Judge.

Defendant first contends that his motion for a directed verdict should have been allowed because the State’s evidence failed to show that the goods were taken under such circumstances as to constitute larceny. The indictment charged that defendant did feloniously receive property knowing the same to have been “feloniously stolen, taken and carried away.” If the State’s evidence had indeed failed to show a larceny, defendant’s motion should have been allowed. See State v. Babb, 34 N.C. App. 336, 238 S.E. 2d 308 (1977). In Babb the defendant was tried and found guilty on a charge…