#### STATE v. C. C. JOHNSON et al.

(Filed 29 October, 1924.)

Appeal by defendant, C. 0. Johnson, from Lyon, J., at March Special Term, 1924, of Eoesyth.

Criminal prosecution, tried upon an indictment charging tbe defendant with tbe larceny of an automobile.

From an adverse verdict, and judgment pronounced thereon, tbe defendant appeals, assigning errors.

Attorney-General Manning and Assistant Attorney-General Nash for the State.

John D. Slawter, W. E. Brock, and William Graves for defendant.

Pee Oubiam.

Tbe case on trial narrowed itself to a controverted question of fact. We are convinced, from a careful perusal of tbe record, that tbe cause has been tried in substantial compliance with tbe law bearing on tbe subject, and no ruling or action on tbe part of tbe trial court has been discovered by us which we apprehend should be held for reversible or prejudicial error. Tbe exceptions deal almost exclusively with questions of evidence and motions for dismissal. Tbe validity of tbe trial must be upheld.

No error.