{
  "id": 8561641,
  "name": "STATE v. DONOVAN HARRINGTON, BOBBY NICHOLS and JAMES CHRISCO",
  "name_abbreviation": "State v. Harrington",
  "decision_date": "1963-01-11",
  "docket_number": "",
  "first_page": "529",
  "last_page": "531",
  "citations": [
    {
      "type": "official",
      "cite": "258 N.C. 529"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T19:21:31.620483+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. DONOVAN HARRINGTON, BOBBY NICHOLS and JAMES CHRISCO."
    ],
    "opinions": [
      {
        "text": "Per Cuciam.\nThe State\u2019s evidence reveals -that Roy Holt\u2019s grocery store at Merry Oaks was broken into on the night of 2 November 1960 and that certain merchandise was stolen therefrom. However, there is no evidence tending to show that the filling station which the defendant Harrington testified that he and the other defendants broke into and robbed was located at Merry Oaks, or that the filling station referred to and Holt\u2019s grocery store were one and the same. Neither did Harrington identify or describe any of the merchandise taken from the filling station or store by him and the other defendants. Furthermore, there is nothing in the State\u2019s evidence to the effect that the breaking and entering and the theft about which the defendant Harrington testified occurred on the night of 2 November 1960.\nWhile the evidence tends to show that the defendants broke into and robbed a filling station somewhere, at sometime, it does not connect the .appellant herein with the breaking and entering and the theft of merchandise from Holt\u2019s grocery store at Merry Oaks on the night of 2 November 1960.\nIn our opinion, the State\u2019s evidence adduced in the trial below was insufficient to support the verdict returned against the appellant. The defendant Chrisco\u2019s motion for judgment as of nonsuit, interposed at the close of the State\u2019s evidence and renewed at the close of all the evidence, should have been allowed.\nReversed.",
        "type": "majority",
        "author": "Per Cuciam."
      }
    ],
    "attorneys": [
      "Attorney General Bruton, Asst. Attorney General Harry W. Mc-Galliard for the State.",
      "H. F. Seawell, Jr., for defendant Chrisco."
    ],
    "corrections": "",
    "head_matter": "STATE v. DONOVAN HARRINGTON, BOBBY NICHOLS and JAMES CHRISCO.\n(Filed 11 January 1963.)\nBurglary and Unlawful Breakings \u00a7 4; Larceny \u00a7 7\u2014\nEvidence tending to show that a grocery store was broken into and certain articles stolen therefrom, together with evidence that defendants broke into and robbed a filling station, without evidence connecting the two1, either as to time or place, is insufficient to be submitted to the jury.\nAppeal by defendant James Chrisoo from Fountain, Special Judge, February Term 1962 of Chatham.\nThis is a criminal action in which the defendant James Chrisco and others were tried on a two-count bill of indictment charging breaking and entering the premises of Roy Holt on 2 November 1960, with intent to steal, and charging larceny of certain merchandise.\nRoy Holt testified, \u201cI am in the grocery business which is operated by my sister at Merry Oaks. I went to the store on the morning of November 3,1960. The window was out. The glass was busted out and all my tires were gone. * * \u00ae I missed tires, socks, stockings * * *. Articles not present when I opened up' were, six auto tires, a rack of men\u2019s socks and ladies\u2019 hose, a little bit of anti-freeze and a few cigarettes. * * \u00ed:' I have never seen any of the merchandise again.\u201d\nRobert Samuels, State Highway Patrolman, testified that he saw the defendants Bobby Nichols and James Chrisoo about 10 o\u2019clock on the night of 7 November 1960; that he found in the trunk of Bobby Nichols\u2019 1955 Ford: \u201cRod and reel, guitar, drop cord, razor, 22 rifle, typewriter, box of socks, dynamite caps, some canned fruit, shot gun shells, 22 rifle bullets, some cigarettes\u201d; that the oar belonged to the Nichols boy and not to James Ghrisco; that Chrisco said he did not know anything was in the back of the car. \u201cI took one box of men\u2019s socks into custody that night. * \u00ae \u00ae I personally did not move the box of socks from the car. The next time I saw the box it was in the Sheriff\u2019s Office at Carthage. There were no tires in the trunk, no ladies\u2019 hose, no anti-freeze * *. I turned everything over to the Sheriff.\u201d\nJ. W. Emerson, Sheriff of Chatham County, testified that he made an investigation of this case; that he went to Holt\u2019s store and saw Mr. Holt\u2019s sister there. \u201cI found the finger prints of Donovan Plarring-ton. I went to Carthage on the 8th or 9th of November, 1960. I got the box of socks out of the Sheriff\u2019s office at Carthage. \u00ae I identified the box by Mr. Holt\u2019s price mark. I don\u2019t actually know where the socks came from. I got the box of socks from Sheriff\u2019s office in Moore County. This is all I know about it. The room was full of stuff at the Sheriff\u2019s office * \u00ae *. Out of the whole room the socks were the only thing I could identify.\u201d\nMrs. Blanche Holt testified, \u201cI am sister of Roy Holt and run store, Missing from store were 6 tires, 4 boxes men\u2019s socks, not full, 4 dozen ladies\u2019 hose, two> gallons anti-freeze, two cartons cigarettes, one Dan River sport shirt. * \u00ae This box of socks looks like some of ours. I can\u2019t vouch whether they all came from store or not. I think I made the marking on the box.\u201d\nThe defendant Harrington testified as a State\u2019s witness that he and the other defendants rode around for a while. \u201cI know about the filling station >and church. Had never been there before and have not been back since. We went up to the filling station, James knocked out the glass, I pulled the window frame out and Bobby went in, I started in and they told me to go get the car. They threw the stuff out and I put it in the trunk and in the back seat. I had never seen the store before.\u201d\nThe jury returned a verdict of guilty .as charged. From the judgment imposed on the verdict, the defendant James Chrisco appeals, assigning error.\nAttorney General Bruton, Asst. Attorney General Harry W. Mc-Galliard for the State.\nH. F. Seawell, Jr., for defendant Chrisco."
  },
  "file_name": "0529-01",
  "first_page_order": 569,
  "last_page_order": 571
}