42 S.E. 934 | N.C. | 1902
Whether there was any evidence tending to show that defendant was guilty of the larceny of the box of candy is the question raised by defendant's demurrer to the evidence. The only evidence introduced was that testified to by the witness Barbee, as follows: "I am employed as clerk by Mrs. W. J. and Clarence Cromer, candy makers and (805) confectioners, in the city of Winston. Defendant, Will Foy, had been working there for some time. On Monday, about 16 June, 1902, I saw a box of candy in the back room, under a table. I could not tell who put it there. I watched it every day to see if I could catch the defendant, Will Foy, taking it away. On Friday of the same week I sent Will Foy in the room where the box of candy was to get some sugar, and thought that was a good way to catch him, if he put it there. Will Foy, the defendant, went after the sugar, and while he was gone I waited and watched for him to see if he got the candy. He came back with the sugar and also the box of candy. I said, `Will, what have you got there?' He did not say anything. I 'phoned for a policeman, and Policeman Miller came and sought the defendant and took the box of candy away from him." Cross-examined: "I waited from Monday until Friday, trying to catch the defendant. During the whole time the box of candy remained in the other room, under the table. I could have prevented it from being stolen, but wanted to catch the one who put it under the table, so I could have him punished. I sent the defendant in the room where the candy was for some sugar, for the purpose of catching him if he should take it. I had been missing some candy, and I wanted to catch the thief, whoever he was."
To constitute the crime of larceny, there must be evidence of a *562 felonious intent in the taking. Something more than the mere act of taking is necessary to be shown before the jury can proceed to inquire into the intent. There must be evidence to show that the taking was done under circumstances inconsistent with an honest purpose, such as when done clandestinely, or, when charged with, denies the fact (4 Bl., 232); or secretly (S. v.Sowls,
Error.
(807)