majority"> DeviN, C. J.

An examination of tbe record in tbis case leads us, to tbe conclusion tbat tbe evidence offered by tbe State was insufficient to warrant conviction, and tbat tbe motion for nonsuit should have been allowed.

Trees and growth standing and being on land are real property and at common law were not tbe subject of larceny. S. v. Jackson, 218 N.C. 373, 11 S.E. 2d 149. To prevent tbe wrongful and unlawful cutting and carrying away of wood from tbe lands of another by one not tbe owner or bona fide claimant thereof tbe statute now codified as Gr.S. 14-80 was enacted. Tbis statute makes it a criminal offense unlawfully to enter upon tbe lands of another and carry off wood growing and being tbereon, and provides tbat if tbis be done with felonious intent tbe offender shall be guilty of larceny and punished accordingly, and if not done with such intent be shall be guilty of a misdemeanor.

There was here no evidence tbat tbe defendant Jasper Turner bad been upon tbe lands of Mr. Youngblood or cut and removed any dogwood therefrom. However, tbe State relies for conviction upon tbe application to tbe facts here of tbe doctrine of recent possession as stated in S. v. Holbrook, 223 N.C. 622, 27 S.E. 2d 725, and S. v. Weinstein, 224 N.C. 645, 31 S.E. 2d 920. But if it be conceded tbat there was evidence tending to show tbat some of tbe dogwood on Blackwell’s yard bad been cut from Youngblood’s land, tbe evidence does not fix tbe defendant with possession thereof. According to Blackwell’s testimony tbe only connection of the defendant therewith was tbat tbis witness gave him a check for 100 feet of dogwood as result of what somebody told him. Tbe record does not disclose tbat tbe defendant said anything as to tbe delivery of tbe dogwood from which tbe samples were taken for comparison, or tbat be admitted be bad delivered any dogwood. Apparently there was no conversation about tbe check Blackwell gave him. The witness recalled tbat tbe defendant made some reference to hauling pulpwood, but tbis did not relate to tbe charge of stealing dogwood. We think tbe evidence was inconclusive, and tbat tbe motion for judgment as of nonsuit should have been allowed.

Judgment reversed.

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