State v. Malloy

Judge Becton

dissenting.

This case is exceedingly close, procedurally and factually. Procedurally, the majority upholds the indictment essentially because the majority is “not prepared to declare G.S. § 14-71.1 [the possession of stolen goods statute] fatally defective.” Ante, p. 3. Factually, the majority finds no error in Officer Jones’ testimony that he came to Wilmington “[f]or the purpose of making undercover purchases of firearms from [the defendant],” because “the officer later testified that he in fact did purchase the two weapons described in the indictment from the defendant.” Ante,…