Defendant moved for nonsuit. His motion was denied. He assigns this ruling as error, because, as he says, the State failed “to • identify the stolen property.” The contention...is lacking in merit. A,
Defendant complains because the court permitted a deputy sheriff to relate a confession made by defendant. The assignment of error does not properly present the question of competency. Even so, we have examined the record and concur in the conclusion reached by the trial court that the confession was competent because freely and voluntarily made. The testimony on which the court based its ruling is to this effect: Between 5:30 p.m., June 24, 1964, and 7:00 a.m. the following morning, the office of Brentwood Estates, Inc., was broken into. Two adding machines and a typewriter were taken. The same night Hill’s, a sporting goods store, was entered and a number of pistols were taken. On June 25, defendant pawned the adding machines, typewriter, and several of the pistols in Washington, D. C. A deputy sheriff went to Washington, got the typewriter and adding machines and returned them to Brentwood Estates, Inc. on June 26. Defendant, on June 25, while attempting to pawn a pistol, was arrested by police officers in Washington, charged with carrying a concealed weapon. He was there tried and convicted and given a six months’ sentence. On November 28, 1964, the Washington authorities released defendant to the custody of a Wake County deputy sheriff, who brought defendant to Raleigh by automobile. The trip took about four hours. The two were alone in the car during the trip. Defendant was not handcuffed. A few minutes after they reached Raleigh, another deputy sheriff swore out a warrant charging defendant with breaking, entering and larceny. A committing magistrate was called to fix bond for defendant. The deputy informed the prisoner that he had a right to counsel, or to communicate with friends or relatives. He was asked if he desired .to do so. He answered “no.” Defendant was also informed by the deputy that he was not compelled to answer any questions, and any statement he made could' be used against him when his case was tried. In the presence of the committing magistrate, the prisoner confessed his part in the commission of the crimes charged..
The findings made by the court, supported as they are by competent evidence, are conclusive. State v. Egerton, ante 328; State v. Rogers, 233 N.C. 390, 64 S.E. 2d 572.
No error.