State v. Davis

EXUM, Justice.

The dispositive question presented by this appeal is whether possessing stolen property in violation of G.S. 14-71.1 is a lesser included offense of receiving stolen property in violation of G.S. 14-71. We hold that it is not. Consequently, since defendant was indicted upon a charge of feloniously receiving stolen property, but convicted of feloniously possessing stolen property, we arrest judgment in this case.

The state’s evidence tends to show the following: On 10 March 1979 at approximately 9:30 p.m. Gatesville Police Chief Eugene McLawhorn observed defendant Davis sitting in…