State v. Hamlet

BRANCH, Chief Justice.

The sole question presented by this appeal is whether the Court of Appeals erred in holding that the doctrine of recent possession supported the convictions of felonious breaking or entering and larceny. We recognize that defendant has not complied with Rule 10(b)(3). However, pursuant to our Rule 2, we *43elect to consider his contention as to the insufficiency of the evidence.

In instant case there was no direct evidence to support defendant’s conviction of breaking or entering and larceny. Consequently, the State relied solely on the doctrine of recent possession to carry…