State v. . English

We are of the opinion that there is no sufficient evidence of the crime charged to be submitted to a jury and that the defendant’s motion to dismiss as of nonsuit should have been allowed. There is no evidence that the defendant was in possession of the truck at the time the pipe was found loaded thereon or on the preceding night except such constructive possession as arises from the fact that he was the owner of the car. S. v. Simms, 208 N. C., 459, 181 S. E., 269. The presumption that arises from the possession of stolen property does not exist against the defendant.

That the defendant owned…