State v. Barnes

BRITT, Judge.

Defendant’s sole assignment of error relates to certain of the trial court’s instructions to the jury. We think the assignment has merit.

Evidence presented by the State tended to show: On the night of 12 July 1975 Joseph Boyd’s store in Warren County, N. C., was broken into and a television set, together with a quantity of wine, cigarettes and bandannas were stolen therefrom. The stolen property was found in defendant’s possession *672at his home in Chesapeake, Virginia, on 14 July 1975. Based on information furnished by defendant, warrants were also issued for Frank Whitley, Larry…