#### STATE v. WILL ELMORE.

(Filed 23 December, 1931.)

Appeal by defendant from Harding, J., at August-September Term, 1931, of MacoN.

Criminal' prosecution tried upon an indictment charging the defendant, and another, (1) with breaking and entering a garage, (2) with the larceny of “one Model T, 1927, Ford automobile,” valued at $200, the property of E. O. Rickman, and (3) with receiving said automobile *843knowing it to have been feloniously stolen or taken in violation of C. S., 4250.

Tbe case was submitted to the jury on the presumption that: “When goods are stolen, one found in possession so soon thereafter that he could not have reasonably got the possession unless he had stolen them himself, the law presumes he was the thief.” 8. v. Graves, 72 N. 0., 482; 8. v. McRae, 120 N. C., 608, 27 S. E., 78.

Verdict: “G-uilty on the third count in the bill of indictment.”

Judgment: Eight months on the roads.

Defendant appeals, assigning errors.

Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.

George B. Patton and Edwards & Leatherwood for defendant.

Pee Oueiam.

The case is controlled by the decision in S. v. Best, 202 N. C., 9, and S. v. Adams, 133 N. C., 667, 45 S. E., 553.

New trial.