State v. Hamlet

Judge BECTON

dissenting.

Believing that the State’s evidence was insufficient to raise the presumption that the television sold by defendant to Jerry Hamby had been recently stolen by defendant, I dissent.

State v. Holbrook, 223 N.C. 622, 27 S.E. 2d 725 (1943) and State v. Blackmon, 6 N.C. App. 66, 169 S.E. 2d 472 (1969), which the majority cites, are distinguishable. Actually, Holbrook was granted a new trial as a result of errors in the trial court’s jury *288instructions. The Holbrook Court noted, however, that “it is manifest that [Holbrook] had the tires six or seven days after the larceny and…