Legal Opinion

State v. Lilly

Court of Appeals of North Carolina

Decided April 16, 1975No. 7529SC48PublishedCited by 7 opinions

1Opinion of the Court

MORRIS, Judge.

Defendant has abandoned his first two assignments of error. His remaining assignment of error relates to the denial of his motions for nonsuit at the close of the State’s evidence and at the close of all the evidence. The State relied entirely upon the doctrine of possession of recently stolen property to overcome defendant’s motions for judgment as of nonsuit. Defendant first contends the evidence in this case is insufficient for the doctrine to apply. We disagree. As was stated in State v. Foster, 268 N.C. 480, 487, 151 S.E. 2d 62, 67 (1966),

“[i]t is not always necessary that…

2Cases cited4 opinions

  1. State v. FosterSupreme Court of North Carolina · 1966
  2. State v. JonesSupreme Court of North Carolina · 1969
  3. State v. . HarringtonSupreme Court of North Carolina · 1918
  4. Woodford v. HiglySupreme Court of North Carolina · 1864

3Cited by7 opinions

  1. State v. KeeterCourt of Appeals of North Carolina · 1978
  2. State v. OsborneCourt of Appeals of North Carolina · 2002
  3. State v. CurrySupreme Court of North Carolina · 1975
  4. State v. PhillipsCourt of Appeals of North Carolina · 2005
  5. State v. HardenCourt of Appeals of North Carolina · 1979

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