State v. . Yow

Tbe failure of tbe jury to find tbe defendant guilty of larceny amounted to an acquittal on tbat charge, and tbe verdict “guilty of receiving stolen goods” was insufficient to support tbe judgment on tbe second count in tbe bill, entitling tbe defendant to a venire de novo on tbat count. S. v. Shew, 194 N. C., 690, 140 S. E., 621; S. v. Cannon, 218 N. C., 466, 11 S. E. (2d), 301.

However, tbe defendant insists tbe evidence offered was insufficient to show tbat with felonious intent be received tbe stolen article knowing at tbe time tbat it was stolen, and tbat having been acquitted of the…