42 S.E.2d 350 | N.C. | 1947
Criminal prosecution on indictment charging Sam Warren, and four confederates, in three counts, (1) with conspiracy to steal 10,000 pounds of sugar, valued at $750, the property of Demain Foods, Inc.; (2) with the larceny of 10,000 pounds of sugar, valued at $750, the property of Demain Foods, Inc., and (3) with receiving the said property knowing *381 it to have been feloniously stolen. In a fourth count the defendant, Sam Warren, is charged with counseling and procuring the larceny of the sugar in question.
The evidence tends to show that in September, 1946, Demain Foods, Inc., had on hand at its Pickle Factory in Ayden, N.C. a number of 100-pound bags of sugar. Needham H. Loftin, one of the defendants, was night watchman in charge of the warehouse. Sometime in September, Sam Warren and three of his confederates went to the warehouse, late at night, and offered the night watchman $20 a bag for the sugar. This was declined at the time. He promised to think it over, however, and on leaving they requested that he let Warren know later what he would do about it. Several nights thereafter, Warren's three companions returned to get his reply. The night watchman then promised to write Warren at his home in Hickory, Va., which he did, agreeing to let him have the sugar and requesting that he come and get it. On October 4th thereafter, the three confederates came to the warehouse, pretended a hold-up with the night watchman, and got the sugar. The night watchman then went to Warren's home in Virginia to collect for the booty. Warren paid him $200 and promised the balance at a later date.
After arrest, the night watchman made a confession which implicated the others. All were then arrested. Warren at first denied any knowledge of the matter; later he broke down and cried and confessed his part in the crimes, and told the sheriff where he could find the sugar. The defendants offered no evidence at the trial. The night watchman was used as a State's witness.
Verdict: The night watchman pleaded guilty; one of the confederates also pleaded guilty to one or more of the charges, and the jury convicted the remaining three defendants on the first three counts in the bill of indictment. There was no verdict on the fourth count.
Judgment as to Warren: Imprisonment in the State's Prison for not less than five nor more than seven years on the charge of conspiracy; a like sentence on the charge of larceny to run concurrently with the first; and a lesser sentence on the charge of receiving, also to run concurrently with the first.
The defendant Warren appeals, assigning errors. The defendant Loftin, night watchman and one of the conspirators, was called as a witness for the prosecution. On cross-examination he stated that nothing had been offered him to turn State's evidence: "Not a thing was offered to me to make this statement." *382
In reply, on redirect examination, the record discloses the following:
"Q. Now, Mr. Loftin, have you ever been offered money not to go on the stand in this case? Defendants object. Overruled; exception.
"A. Well, I can't say exactly that I have, but it was talked.
"Court: Well, who talked to you?
"A. It was different ones.
"Q. Any of the defendants?
"A. No, sir."
The appellant contends that this evidence, which was allowed to go to the jury without any qualifying instruction from the court, necessarily created an unfavorable impression against the defendants and prevented a fair and impartial consideration of the evidence by the jury. S. v.Strickland,
In giving the State's contentions against the defendant Warren, the court recited in its charge that "Mr. Loftin wrote him and that he sent after the sugar." Appellant says there is no evidence to support the statement "that he sent after the sugar" and the effect was to place before the jury a material circumstance which does not appear on the record. S. v.Wyont,
The appellant's most earnest contentions have been reserved for the rulings on his motions for directed verdicts, and judgments of nonsuits. He stressfully contends there is no evidence of a conspiracy and that what he did was done in the State of Virginia, of which the courts of this State have no jurisdiction. S. v. Buchanan,
There is plenty of evidence to show a conspiracy and it can make no difference where it was formed. 11 Am. Jur., 559. It was executed in Pitt County, this State. Consequently, the Superior Court of that county had full authority to investigate the matter. S. v. Lea,
Whether the appellant was properly convicted on the charges of larceny and receiving, assuming that at the time of these offenses he was in the State of Virginia, we need not now decide, for his sentences on these counts were made to run concurrently with his sentence on the conspiracy charge, and they add nothing thereto. The one is of equal duration; the other for a lesser time. Hence, any errors committed in respect of these charges can avail the appellant naught. S. v. Beal,
A careful perusal of the record leaves us with the impression that no exception has been presented which would necessitate a new trial. The verdict and judgment will be upheld.
No error.