Fair v. State

McMurray, Judge.

Defendant was indicted, tried and convicted of theft by retaining stolen property (theft by receiving property stolen in another state which is retained with knowledge that it was stolen, without any intent to restore it to the owner — see Code §§ 26-1806,26-1816). He was sentenced to ten years in prison and appeals. Held:

1. A hardware store in Cashiers, North Carolina was burglarized during the night of April 3, or during the early hours of April 4, 1975. Items such as chain saws, watches and guns were removed. On the morning of April 4,1975, an agent of the GBI received a…