Legal Opinion

State v. Maines

Court of Appeals of North Carolina

Decided August 5, 1980No. 8023SC195PublishedCited by 1 opinion

1Opinion of the Court

MARTIN (Robert M.), Judge.

Defendants argue the court erred in denying their motions to dismiss at the close of the evidence.

The State relied on the doctrine of possession of recently stolen property. Possession .of stolen property shortly after the *168time of the theft raises an inference of the possessor’s guilt of the larceny as well as of the breaking and entering necessary to gain access to the property, which is then submitted to the jury along with other evidence for its determination of guilt. State v. Fair, 291 N.C. 171, 229 S.E. 2d 189 (1976). The circumstances under which the doctrine…

2Cases cited7 opinions

  1. State v. EppleySupreme Court of North Carolina · 1972
  2. State v. FosterSupreme Court of North Carolina · 1966
  3. State v. BlackmonCourt of Appeals of North Carolina · 1969
  4. State v. LewisSupreme Court of North Carolina · 1972
  5. State v. FairSupreme Court of North Carolina · 1976

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3Cited by1 opinion

  1. Norfolk Southern Corp. v. Main Financial Associates, L.L.C.Virginia Circuit Court · 2001

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