25. RECEIVING STOLEN GOODS.

Sec. 375 (1074). Larceny, receivers of stolen goods, punishment of. R. C., c. 34, s. 56. 1797, c. 485, s 2.

If any person shall receive any chattel, property, money, valuable security or other thing whatsoever, the stealing or taking whereof shall amount to larceny or felony, either at common law or by virtue of any statute made or hereafter to be made, such person knowing the same to have been feloniously stolen or taken, every such receiver shall be guilty of a misdemeanor, and may be indicted and convicted, whether the felon stealing and taking such chattels, property, money, valuable security, or other thing, shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and any such receiver may be dealt with, indicted, tried and punished in any county in which he shall have, or shall have had, any such property in his possession, or in any county in which the thief may be tried, in the same manner as such receiver may be dealt with, indicted, tried and punished in the county where he actually received such chattel, money, security, or other thing; and such receiver shall be punished as one convicted of larceny.

WHAT CONSTITUTES RECEIVING.--To constitute the crime of receiving, it is not necessary that the stolen goods should be traced to the actual personal possession of the person charged; it is sufficient if it be shown that they were received by his agent or servant, or at his instigation deposited in some place directed by him, he knowing that they were stolen. Stroud, 95-626.

Receiving stolen goods, knowing them to be stolen, simply for the purpose of aiding the thief in concealing and carrying them off, makes the receiver guilty. Rushing, 69-29.

INDICTMENT ARREST OF JUDGMENT.-Where the indictment contains two counts, one for larceny and the other for receiving the stolen goods, and there is a verdict of guilty on the second count only, and the count for receiving does not mention the name of the defendant in the commencement of the statement of the offence charging the receiving, the judgment must be arrested, though his name is subsequently introduced in the clause charging that he well knew the goods had been stolen. Phelps, 65-450.

EVIDENCE. A person indicted for receiving stolen goods has a right to show by himself, as well as by other witnesses, that he got them honestly, and to this end he may show where he got them, from whom, how, under what circumstances, and what was done and said at the time in connection with the receipt of them by himself and the person from whom he received them. Such conversation forms part of the res gestae. Bethel, 97-459.

CHARGE. On indictment for larceny and receiving, an omission of the judge to charge that there is no evidence to support the count for receiving is not assignable for error, where there is no prayer for instructions, and no exception to the charge until after verdict convicting defendant of receiving alone. Nicholson, 85-548.

PERSON FROM WHOM PROPERTY RECEIVED MUST BE GUILTY OF LARCENY.On indictment for receiving a stolen horse, there was evidence that the person from whom defendant received the horse went to the prosecutor's stables and promised to give the prosecutor's son $75 for the horse, knowing that it did not belong to the son but to the father, and that in company with the son he carried the horse off, promising to pay the money at a future time: Held, that it was error to refuse to charge that defendant could not be convicted of receiving unless the person from whom he received the horse was guilty of larceny, and that such person was not guilty of the larceny if he got the horse in such manner and believed the son could sell the same. Shoaf, 68-375.

NOT NECESSARY TO STATE FROM WHOM GOODS RECEIVED.-An indictment for receiving stolen goods knowing them to have been stolen need not state from whom the goods were received. Martin, 82-672.

GENERAL VERDICT OF GUILTY.-Where the indictment contains two counts, one charging larceny and the other the receiving the goods alleged to have been stolen, a general verdict of guilty may be returned, as the grade of punishment is the same for both offences. Baker, 70-530.

ARREST OF JUDGMENT.-An indictment charged the larceny of cotton and receiving the same knowing it to have been stolen, and the jury returned a verdict of "guilty of receiving stolen cotton": Held, that no judgment could be pronounced, since to constitute the offence of receiving, the goods must be shown to be the property of the person alleged to be the owner, and it must also be shown that defendant received them with a knowledge of the fact that they had been stolen. Whitaker, 89-472.

PERSONS FROM WHOM GOODS RECEIVED NEED NOT BE NAMED—An indictment for receiving stolen goods need not contain an averment of the person from whom the goods were received. Correcting and overruling State v. Beatty, 61 (Phil.), 52. Minton, 61 (Phil.), 196.

An indictment for receiving stolen goods must aver from whom the goods were received so as to show that he received them from the principal felon, since if he received them from any other person the statute does not apply. Ives, 35 (13 Ired.), 338.

NOTE.-Ives' case was decided under the Revised Statutes, c. 34, sec. 54, which provided that "if any person shall receive or buy any property that shall be feloniously stolen or taken from any other person, knowing the same to be stolen," etc.; while Martin's case, 82-672, and Minton's case, 61 (Phil.), 196, were decided under our present statute, which omits the words "from any other person."

Judgment can not be arrested where there is a general verdict of guilty on an indictment containing two counts, one for larceny and the other for receiving, on the ground that the indictment contains two counts charging different offences with different punishments, the receiving being only a misdemeanor, and under Const. N. C., art. 6, sec. 1, persons convicted of larceny are deprived of the right of suffrage, and under section five of the same article are disqualified for holding office, since the disqualification for office and the loss of the right of suffrage constitute no part of the judgment of the court. Jones, 82-685.

[For other decisions on the subject of Receiving, see general subject Larceny.]

A general verdict of guilty upon an indictment containing two counts, one for stealing a horse and the other for receiving the horse knowing the same to have been stolen, is error when both counts conclude against the form of the statute. Johnson, 75-123.

PERSON FROM WHOM GOODS RECEIVED MUST BE NAMED.-An indictment for receiving stolen goods must aver from whom the goods were received

so as to show that defendant received them from the principal felon. Ives, 35 (13 Ired.), 338.

NOT NECESSARY TO STATE FROM WHOM GOODS RECEIVED.-An indictment for receiving need not state from whom the goods were received. Martin, 82-672.

STEALING HORSE AND RECEIVING.-A count for the larceny of a horse, concluding at common law, may be joined with a count for the statutory offence of receiving the same, and the indictment thus.drawn will warrant a general verdict of guilty. Lawrence, 81-522.

DEFENDANT MAY SHOW BONA FIDE POSSESSION.-A defendant indicted for receiving stolen goods has a right to show by himself, as well as other witnesses, that he got them honestly, and to this end may show where he got them, from whom, how, under what circumstances, and what was done and said at the time in connection with the receipt of them by himself and the person from whom he received them. Such conversation forms a part of the res gestae. Bethel, 97-459.

AIDING THE THIEF.-If a person receive stolen goods, knowing them to be such, not for the purpose of making them his own, or of deriving profit from them, but simply to aid the thief in carrying them off, he is guilty of the crime of receiving stolen goods. Rushing, 69-29.

KNOWLEDGE AT TIME OF RECEIVING.-To render a person guilty of receiving stolen property he must know at the moment of receiving it that it was stolen, and he must at the same time receive it with a felonious intent. Caveness, 78-484.

VERDICT. The indictment contained two counts, one for larceny and the other for receiving, and the jury rendered a verdict that certain of the defendants "are guilty of larceny, and that the defendant B is guilty of receiving, knowing the tobacco to have been stolen": Held, that the verdict as to B, taken in connection with the indictment, is sufficiently clear and intelligible to show that it is a conviction upon the second count. Barber, 113-711.

On indictment for receiving a stolen horse, there was evidence that the person from whom defendant received the horse went to the prosecutor's stables and promised to give the prosecutor's son $75 for the horse, knowing that it did not belong to the son, but to the father, and that in company with the son he carried the horse off, promising to pay the $75 at a future time: Held, that it was error to refuse to charge that defendant could not be convicted of receiving unless the person from whom he received the horse was guilty of larceny, and that such person was not guilty of the larceny if he got the horse in such manner and believed the son could sell the same. Shoaf, 68-375.

DEFENDANT'S CHARACTER.-The court charged the jury that the state could not introduce evidence as to defendant's character, but it was the right of defendant to offer it if he chose, and he had not done so, but that no unfavorable inference could be drawn from his failure to do so: Held, that though the first part of the charge was erroneous, yet the error was cured by the latter part. Saunders, 84-728.

26. PUNISHMENT-VALUE.

Sec. 376. Punishment where value of property less than $20; exceptions. 1895, c. 285.

SECTION 1. In all cases of larceny where the value of the property stolen does not exceed twenty dollars, the punishment shall,

for the first offence, not exceed imprisonment in the penitentiary, or common jail, for a longer term than one year.

SEC. 2. If the larceny is from the person, or from the dwelling by breaking and entering in the daytime, section one of this act shall have no application.

SEC. 3. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen.

Where the property is of less value than $20 an admission by defendant of a conviction of a prior larceny will not justify a sentence exceeding one year, there being no allegation that this is a second offence, since section 1187 of The Code prescribes that when a second conviction is punished with other or greater punishment than the first, the first conviction shall be charged in the manner therein set out, and what proof shall be sufficient. In this case there was no evidence of larceny from the person, or that defendant broke into a dwelling house. Davidson, 124-.

If there is a dispute about the value of the thing taken it is the duty of the defendant to demand a finding upon that subject by the jury. Harris, 119-811.

The hand is a part of one's person, and the exception in section 2 of the statute is not restricted to cases of taking something concealed about the body. In this case a purse was snatched from the hand of the prosecutor. Harris, 119-811.

It is not necessary that the indictment should charge the taking from the person or from a dwelling house when the larceny is of a sum less than $20. These are matters of defence which it is incumbent on defendant to show in diminution of the sentence in case of a conviction. Harris, 119-811.

It is not necessary to allege that the larceny was from the person in order to prove that fact and make the case punishable by sentence exceeding one year. Bynum, 117-749.

Where money was taken from each of two persons at the same time, a conviction for having stolen the money from one is not a bar to a prosecution for stealing the money of the other. Bynum, 117-749.

Sec. 377 (1064).

c. 34, s. 20.

27. BANK-NOTES AND SECURITIES.

Larceny or robbery of bank-notes and other securities. R. C., 1811, c. 814, s. 1.

If any person shall feloniously steal, take and carry away, or take by robbery, any bank-note, check, or order for the payment of money issued by, or drawn on any bank, or other society or corporation within this state, or within any of the United States, or any treasury warrant, debenture, certificate of stock, or other public security, or certificate of stock in any corporation, or any order, bill of exchange, bond, promissory note, or other obligation, either for the payment of money or for the delivery of specific articles, being the property of any other person, or of any corporation, (notwithstanding any of the said particulars may be termed in law a chose in action), such felonious stealing, taking and carrying

away, or taking by robbery, shall be felony of the same nature and degree, and in the same manner as it would have been if the offender had feloniously stolen, or taken by robbery, money, goods, or property of any value, and such offender for every such offence shall suffer such punishment, and be subject to the same pains, penalties and disabilities as he should or might have suffered, if he had feloniously stolen or taken by robbery, money, goods, or other property of value.

INDICTMENT.--An indictment charging the larceny of "one bill of fractional currency of the value of fifty cents," and concluding at common law, and not against the statute, is defective. Dill, 75-257.

On indictment for stealing a bank-note a description of the note as "one twenty-dollar bank-note on the State Bank of North Carolina of the value of twenty dollars" is good. Rout, 10 (3 Hawks), 618.

DUE BILL.-A "due bill" is within the meaning of the words "or other obligation." Campbell, 103-344.

28. LARCENY BY SERVANTS.

Sec. 378 (1065). Larceny, by servant of master's good. R. C., c. 34, s. 18. 21 Hen. VIII, c. 7, ss. 1, 2. 39 Geo. III., c. 85. 7, 8 Geo. IV., c. 29, s. 47. 24, 25 Vict., c. 96, s. 68.

If any servant or employee, to whom any money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned in the preceding section, by his master shall be delivered safely to be kept to the use of his master, shall withdraw himself from his master, and go away with the said money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned as aforesaid, or any part thereof, with intent to steal the same and defraud his master thereof, contrary to the trust and confidence in him reposed by said master; or if any servant, being in the serviceof his master, without the assent of his master, shall embezzle such money, goods, or other chattels, or any of the articles, securities, or choses in action mentioned as aforesaid, or any part thereof, or otherwise convert the same to his own use, with like purpose to steal them, or defraud his master thereof, the servant so offending shall be fined, or imprisoned in the penitentiary or county jail, not less than four months nor more than ten years, at the discretion of the court: Provided, that nothing in this section contained shall extend to apprentices, or servants within the age of eighteen years.

FIELD HAND.-A person employed as a "field hand," working by the day, week or month, has no charge of his employer's money, and if the latter entrust him with money and he embezzles it, he is not guilty of larceny. Fann, 65-317.

INDICTMENT.-An indictment under this section must allege that the property had been committed to defendant in trust, and being so held was