State v. . McNair
Supreme Court of North Carolina
Appeal by defendant from Pless, J., at January Term, 1946, of Eoesyth. Criminal prosecution upon several indictments charging the defendant, among cognate crimes, with the larceny of an automobile of the value of . $1,500, the property of one Hattie C. Burner. It is in evidence that on 19 June, 1945, Hattie C. Burner purchased a Buick sedan from Hill & Phelps Motor Company of Winston-Salem.
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Appeal by defendant from Pless, J., at January Term, 1946, of Eoesyth. Criminal prosecution upon several indictments charging the defendant, among cognate crimes, with the larceny of an automobile of the value of . $1,500, the property of one Hattie C. Burner. It is in evidence that on 19 June, 1945, Hattie C. Burner purchased a Buick sedan from Hill & Phelps Motor Company of Winston-Salem. She secured part of the purchase money from State Finance Company with the defendant, Waddell McNair, as surety. Title to the ear was taken in her name, and the defendant was allowed to drive it at times…
1Opinion of the CourtStacy, C. J.
Tbe case as made readily survives tbe demurrer to tbe evidence. Whether tbe defendant acted under a bona fide belief that tbe car belonged to him was for tbe jury. The testimony of tbe prosecuting witness pointed in one direction; that of tbe defendant in another.
Tbe only exceptions which seem to merit attention are those addressed to tbe cross-examination of tbe defendant concerning tbe gravamen of bis complaint in tbe civil action brought by him against Hattie C. Burner to obtain possession of tbe car, and perhaps one in respect of tbe charge.
It is provided by G. S., 1-149, that no pleading…
2Cases cited22 opinions
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- Vance v. . GuySupreme Court of North Carolina · 1944
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3Cited by22 opinions
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- State v. LambeSupreme Court of North Carolina · 1950
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