#### STATE v. WILLIAM CARRINGTON et al.

(Filed 24 December, 1920.)

Appeal by defendant from Calvert, J., at tbe June Special Term, 1920, of DURHAM.

This is an indictment against three defendants for tbe larceny of tobacco, tbe property of tbe Imperial Tobacco Company.

At tbe conclusion of tbe evidence there was a motion for judgment of nonsuit, wbicb was overruled, and tbe defendants excepted.

There was a verdict of guilty, and an appeal from tbe judgment pronounced thereon to tbe Supreme Court.

*675 Attorney-General Manning ancl Assistant Attorney-General Nash for the State.

Brawley & Gantt for defendant.

Pee OubiaM.

¥e bave examined tbe evidence carefully and are of opinion that it is ample to sustain tbe verdict.

Tbe evidence of tbe witness Fallon, wbicb was objected to, was clearly competent as tending to prove tbe loss of tbe tobacco.

No error.