The defendant’s assignments of error have been examined, and in our opinion they present no prejudicial error. In the trial below we find
No error.
Moore, J., not sitting.
State v. Sims, 267 N.C. 256 (1966)
May 4, 1966
·
Supreme Court of North Carolina
267 N.C. 256
STATE v. RAY GIBSON SIMS, SR.
(Filed 4 May, 1966.)
Appeal by defendant from McLaughlin, J., January Session 1966 of Cabarrus.
The bill of indictment charged that the defendant, on 19 May 1965, did feloniously steal $237.13 of the lawful money of the United States which belonged to the Tar Heel Oil Company, a corporation.
The State’s evidence tends to show that the defendant and a companion were in the filling station of the Tar Heel Oil Company in the afternoon of May 19, 1965, and that the money box was found missing shortly after they left. That same afternoon about 6 P.M. the money box of the Tar Heel Oil Company was found near the defendant’s parked Pontiac automobile which had been driven out on Rankin Road and left on a little dead-end road about 50 yards off the Rankin Road in the western edge of Kannapolis, in a wooded area. The box still contained $111 and the defendant when arrested had on his person $73.27, and his companion, who died before trial, had on his person $61.21.
The jury returned a verdict of guilty of the larceny of property *257of the value of under $200. From the judgment imposed the defendant appeals, assigning errors.
Attorney General Bruton and Assistant Attorney General Goodwyn for the State.
B. W. Blackwelder for the defendant.