Fair v. State

Stolz, Judge.

The appellant, Paul Fair, was convicted by a jury of the offense of theft by retaining stolen property. The evidence showed that on June 20, 1975, 769 cartons of cigarettes were stolen from Tate’s Supermarket in Highlands, North Carolina. The cigarettes were later recovered from the appellant’s two brothers, Randy and James Fair, who were transporting them in a truck through Rabun County, Georgia. At the trial, one brother testified in detail as to the appellant’s part in the theft and transportation of the merchandise. Several other witnesses saw the appellant at 5:00 a.m. at…