The appellant was convicted of larceny by the court sitting without a jury and sentenced to four years. He contends that the court committed reversible error in permitting an infant to testify against him, that the evidence to convict was insufficient, and that the value of the merchandise taken was not sufficiently shown to be in excess of $100.
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The State produced an eleven-year-old boy, Douglas Marion, who testified he saw the appellant carrying boxes out of the store in question on the date mentioned in the indictment, May 23, 1960. The appellant contends that the witness was insufficiently qualified in that it was not shown that he understood the obligation of an oath or that one who lies is likely to be punished. Qualification or competency is largely within the discretion of the trial court.
Saldiveri v. State,
The State produced the store manager who testified, on the basis of inventories taken on March 4 and May 24, 1960, that $2,900 worth of shirts and other articles of clothing were missing on the latter date. Three boxes of the merchandise were recovered from a witness, Brown, who testified that on March 14, 1960, he received them from the appellant as part payment on a car he had sold to the appellant. He also testified he saw twelve to fourteen boxes of the same type in the appellant’s car at that time, although these were never recovered. The appellant had been an employee of the store in question and thus had access to the stockroom. He was seen at the store on May 23, 1960, by a store employee, and by young Marion, who helped him load eight or more boxes in his car and took his license number. Another boy hid one of these boxes and turned it over to the store. It contained missing merchandise. Recent possession of stolen goods is evidence of guilt, unless explained.
Daniels v. State,
On the question of value, although the burden was on the State to show that the goods taken were worth more than $100, under Code (1957), Art. 27, sec. 340, the court had before it testimony that the total value of the missing goods was $2,900, that $87.26 worth of merchandise was recovered, and that the appellant had been in possession of some twenty additional boxes. It was permissible for the trial court to draw the inference that these other boxes contained merchandise of a value equal to at least $12.75. Cf.
Shipley v. State,
The appellant argues that the State cannot add the value of merchandise in his possession on March 14 and on May 23 on the ground that these were separate crimes. But we think the trial court might properly have found that the separate takings were pursuant to a common scheme or intent. It is generally held that if they are, the fact that the takings occur on different occasions does not establish that they are separate crimes. See 2 Wharton,
Criminal Law and Procedure
(Anderson’s ed.) § 450,
People v. Cox,