State v. Blythe

MARTIN, Judge.

The single issue presented by this appeal is whether defendants could properly be convicted of possession of stolen goods based upon the indictments returned against them. For the following reasons, we hold that the trial court erred in submitting to the jury the issue of defendants’ guilt of the offense of possession of stolen goods and in denying defendants’ motion to arrest judgment.

Receiving stolen goods and possession of stolen goods are separate and independent statutory offenses under G.S. 14-71 and 71.1, neither of which is a lesser-included offense of the other. State…