Legal Opinion

State v. Massey

Court of Appeals of North Carolina

Decided April 18, 2017No. COA16-868Published

1Opinion of the Court

CALABRIA, Judge.

Where defendant's involvement in a subsequent crime permitted an inference of an agreement formed during the commission of a prior crime, the trial court did not err in denying defendant's motion to dismiss the charge of conspiracy. Where defendant expressed an intent to aid the perpetrators, and provided actual aid, by helping to move the getaway car out of a ditch, the State presented sufficient evidence of acting in concert. Where defendant lacked sole possession of stolen goods, but that possession was shared by defendant and the perpetrators, exclusive of all persons not…

2Cases cited18 opinions

  1. State v. SmithSupreme Court of North Carolina · 1980
  2. State v. FritschSupreme Court of North Carolina · 2000
  3. State v. SmithCourt of Appeals of North Carolina · 2007
  4. State v. RoseSupreme Court of North Carolina · 1994
  5. State v. BarnesSupreme Court of North Carolina · 1993

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