State v. Maines

HUSKINS, Justice.

Denial of his motion for judgment of nonsuit at the close of all the evidence constitutes defendant’s sole assignment of error. The assignment turns on whether defendant’s possession of stolen goods soon after the breaking and entering and larceny is a circumstance tending to show defendant is guilty of the breaking and entering and larceny. We hold the possession shown in defendant Jerry Maines in this case is insufficient to support a verdict of guilty of the breaking and entering and larceny charged in the bill of indictment. Accordingly, this defendant’s nonsuit motion…