Legal Opinion · Dissent

State v. McDaniel

Supreme Court of North Carolina

Decided August 16, 2019No. 161A18Published

1Dissent

Justice EARLS dissenting.

The evidence to support Ms. McDaniel's conviction for breaking and entering, and larceny after breaking and entering, based on her alleged possession of items stolen from the uninhabited residence at 30 Woody Street on 20 March 2014 is insufficient. McDaniel's conviction is not based on the items found in her possession on 4 April 2014, but instead is based on the items not found in her possession from a breaking and entering that occurred on or about 20 March 2014. State v. McDaniel , --- N.C.App. ----, 817 S.E.2d 6, 8-9 (2018). The doctrine of recent possession…

2Cases cited7 opinions

  1. State v. MainesSupreme Court of North Carolina · 1981
  2. State v. MaySupreme Court of North Carolina · 1977
  3. State v. . WeinsteinSupreme Court of North Carolina · 1944
  4. State v. GreeneSupreme Court of North Carolina · 1976
  5. State v. BarnesSupreme Court of North Carolina · 1996

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