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. 675 (3506). Punishment for.

In all cases of larceny where the value of the property stolen does not exceed twenty dollars, the punishment shall, for the first offense, not exceed imprisonment in the state's prison or common jail, for a longer term than one year. If the larceny is from the person, or from the dwelling by breaking and entering in the daytime, this section shall have no application. In all cases of doubt, the jury shall, in the verdict, fix the value of the property stolen. 1895, c. 285.

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 offense, 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, 124-839; 32 S. E. 957.

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; 26 S. E. 148.

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; 26 S. E. 148.

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 defense which it is incumbent on defendant to show in diminution of the sentence in case of a conviction. Harris, 119-811; 26 S. E. 148.

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; 23 S. E. 218.

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; 23 S. E. 218.

It is not necessary that the indictment should set out the quantity and separate value of each article. Moore, 129-494; 39 S. E. 626.

The statute limiting the punishment is not applicable to larceny from the dwelling by breaking and entering in the daytime. Hullen, 133-656; 45 S. E. 513.

A person can not be convicted for stealing a thing destitute of intrinsic and artificial value. Bryant, 1-249.

Sec. 676 (3507a). Receiving stolen goods of value of twenty dollars or less.

The larceny of and receiving of stolen goods knowing them to be stolen, of the value of not more than twenty dollars, is hereby declared a misdemeanor, and the punishment therefor shall be in the discretion of the court. If the larceny is from the person or from the dwelling by breaking and entering, this section shall have no application: Provided, that this act shall not apply to horse stealing: Provided, further, that this act shall have no application to indictments or presentments now pending nor to acts or offenses committed prior to the ratification of this act.

The superior court of North Carolina shall have exclusive jurisdiction of the trial of all cases of the larceny of or the receiving of stolen goods, knowing them to be stolen, of the value of more than twenty dollars.

1913, c. 118.

27. BANK-NOTES AND SECURITIES.

Sec. 677 (3498). Bank-notes, securities, etc.

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 offense 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.

Code, s. 1064; R. C., c. 34, s. 20; 1811, c. 814, s. 1.

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; 9 S. E. 410.

A person may be indicted for the larceny of a National Bank note. Banks, 61-577.

28. LARCENY BY SERVANTS.

Sec. 678 (3499). By servant.

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 service of 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 state's prison 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 sixteen years.

1

Code, s. 1065; R. C., c. 34, s. 18; 21 Hen. VIII., c. 7, ss. 1, 2; 39 Geo. III., c. 85; 7 and 8 Geo. IV., c. 29, s. 47; 24 and 25 Vic., c. 96, s. 68.

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 feloniously conveyed or made away with by the servant or agent. Wilson, 101— 730; 7 S. E. 872.

SERVANT. If a servant entrusted with the custody of goods by his master fraudulently take them to convert them to his own use, he is guilty of larceny. Jarvis, 63-556.

SERVANT EMPLOYED BY MARRIED WOMAN.-A married woman engaged in the business of selling milk in her own name, her husband having nothing to do with the business, is competent to make a valid contract in respect to such business, though she is not a "free trader," and one employed by her to sell milk and collect the money for it, may be convicted for embezzling the money collected. Lanier, 89-517.

WHO IS A SERVANT.-Where one employed by a merchant "to sweep out the store, and wait about the store, but not as clerk," is authorized by the merchant to take a lot of shoes and sell them during his visit to a neighboring town, and he does sell them for a less price than he was authorized to receive, and converts the money to his own use, he is a servant within the meaning of the act, and guilty of embezzlement. Costin, 89-511.

29. HORSE-STEALING.

Sec. 679 (3505). Larceny, of horse.

If any person shall steal any horse, mare, gelding or mule he shall suffer imprisonment at hard labor for not less than four nor more than twenty years, at the discretion of the court. A count under this section may be joined in a bill of indictment with a count under section three thousand five hundred and nine.

Code, s. 1066; 1868, c. 37, s. 1; 1879, c. 234, s. 2; 1866-7, c. 62; 1913, c. 12.

INDICTMENT ARREST OF JUDGMENT.-Where there is a general verdict of guilty on an indictment charging in the first count the larceny of a horse, and in the other the receiving of the same, knowing it to have been stolen, and both counts conclude against the statute, no judgment can be pronounced, since the punishment is different for each offense, and the court can not determine upon which count to give judgment. Sections 379, 375. (The Code, sections 1066, 1074). Goings, 98-766; 4 S. E. 121.

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

Where a horse is stolen in one state and carried into another this will not make larceny in the latter state. Brown, 2-100.

Sec. 680 (3509). Temporary use of horse.

If any person shall unlawfully take and carry away any horse, gelding, mare or mule, the property of another person, secretly and against the will of the owner of said property, with intent to deprive the owner of said property of the special or temporary

use of the same, or with the intent to use said property for a special or temporary purpose, the person so offending shall be guilty of a misdemeanor and shall be fined or imprisoned, or both fined and imprisoned, in the discretion of the court.

Code, s. 1067; 1879, c. 234, s. 1; 1913, c. 11.

An indictment for stealing the temporary use of a horse is not defective because it charges the stealing of the temporary use of a buggy also. Darden, 117-697; 23 S. E. 106.

30. LARCENY OF LIVE STOCK.

Sec. 681 (3504). Live stock, felonious injury equal to.

If any person shall pursue, kill or wound any horse, mule, ass, jennet, cattle, hog, sheep or goat, the property of another, with the intent unlawfully and feloniously to convert the same to his own use, he shall be guilty of a felony, and shall be punishable, in all respects, as if convicted of larceny, though such animal may not have come into the actual possession of the person so offending.

Code, s. 1068; 1866, c. 57.

INDICTMENT.-An indictment charging the killing of a "certain cattle beast," is sufficiently definite in stating the kind of cattle killed. Credle, 91-640.

EVIDENCE.-Parol evidence of the contents of a notice posted by the prosecutor, forbidding all persons from trading for or buying his cattle, is competent on the trial for killing cattle under this section, since such notice is entirely collateral to the issue, and defendant is not a party to it. Credle, 91-640.

KILLING DONE WITHOUT SECRECY.-Evidence that the killing was done openly and without secrecy may be submitted to the jury on the question of a felonious intent, but it does not necessarily disprove it. Credle, 91-640. STOCK LAW.-The fact that the stock law prevails in a county, is no defense to an indictment for injury to stock running at large. Rivers, 90-738.

31. GROWING CROPS.

Sec. 682 (3503). Growing crops.

If any person shall steal, or feloniously take and carry away any maize, corn, wheat, rice, or other grain, or any cotton, tobacco, potatoes, peanuts, pulse, or any fruit, vegetable, or other product cultivated for food or market growing, standing or remaining ungathered in any field or ground, he shall be guilty of larceny, and punished accordingly.

Code, s. 1069; 1811, c. 816; R. C., c. 34, s. 21; 1868-9, c. 251.