State v. Spruill, 248 N.C. 722 (1958)

Sept. 17, 1958 · Supreme Court of North Carolina
248 N.C. 722

STATE v. JOE SPRUILL.

(Filed 17 September, 1958.)

Appeal by defendant from Stevens, J., March Term, 1958 of ChowaN.

The defendant was tried upon a bill of indictment charging that he did unlawfully, wilfully, and feloniously receive certain stolen goods, to wit, a quantity of cigarettes of a value in excess of $100.00, knowing at the time that the cigarettes had been stolen.

The jury returned a verdict of guilty, and from the judgment imposed the defendant appeals, assigning error.

Attorney General Seawell, Asst. Attorney General Bruton for the State.

Robert B. Lowry, McMullan, Aydlett ■& White for defendant.

Per Curiam.

The defendant’s sole assignment of error is based on his exception to the refusal of the court below to sustain his motion for judgment as of nonsuit.

A review of the evidence leads us to the conclusion that it was sufficient to warrant its submission to the jury. Hence, the ruling of the court below is

Affirmed.