State v. Carswell

COPELAND, Justice.

The Court of Appeals held that the movement of the air conditioner in this case was an insufficient taking and asportation to constitute a case of larceny against the defendant. Because we believe that there was enough evidence to send the larceny charge to the jury, we reverse the Court of Appeals on this point and reinstate the judgment of Judge Thornburg.

This case comes to the Court only on the contention that the judge erroneously denied defendant’s motion for nonsuit on the larceny charge. It is well settled that in ruling on such a motion, the evidence is considered in…