State v. . Oxendine

Stacy, O. J.

The question for decision is whether the eases as made can survive the demurrers. Specifically, the question posed is whether the evidence warrants the finding that each of the defendants, with felonious intent, received the respective articles of merchandise, the property of Leo Smith, knowing at the time that the same had been feloniously stolen or taken in violation of C. S., 4250. S. v. Miller, 212 N. C., 361, 193 S. E., 388; S. v. Dail, 191 N. C., 231, 131 S. E., 573; S. v. Caveness, 78 N. C., 484. We are disposed to think the element of scienter is wanting. S. v. Spaulding,…