State v. Neill

The question presented for determination on this appeal is whether or not the court committed error in overruling the defendants’ motion for judgment as of nonsuit on the third count, which charges the defendants with receiving stolen goods, knowing them to have been stolen.

The crimes of larceny and receiving stolen goods, knowing them to have been stolen, are separate and distinct offenses and not degrees of the same offense. S. v. Brady, 237 N.C. 675, 75 S.E. 2d 791; In re Powell, 241 N.C. 288, 84 S.E. 2d 906. However, receiving stolen goods is a “sort of secondary crime based upon a prior…