State v. Bailey

MARTIN, Judge.

The bill of indictment clearly charged defendant with the offense of larceny. It was necessary, therefore, for the State to establish the elements of larceny by sufficient competent evidence.

Defendant contends that the evidence, considered in a light most favorable to the State, might sustain a conviction under G.S. 14-168.1 for misdemeanor conversion of property by a tenant but that such evidence does not support a conviction for felonious larceny. This is so, he argues, because there is no evidence of a taking by trespass.

G.S. 14-168.1 provides that “[e]very person entrusted…