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STATE v. HOLLOWAY

No. 436.

138 S.E.2d 629 (1964)

262 N.C. 753

STATE of North Carolina v. Robert Earl HOLLOWAY.

Supreme Court of North Carolina.

November 11, 1964.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Richard T. Sanders for the State.

Charles H. Sedberry, Raleigh, for defendant.

PER CURIAM.

To convict defendant, the State relied upon the rule of evidence that recent possession of stolen property tends to show the possessor guilty of the theft. State v. Holbrook, 223 N.C. 622, 27 S.E.2d 725. Defendant challenges the following italicized portions of his Honor's charge:

"* * * that the presumption that the possessor is the thief which arises from the possession of stolen goods is a presumption...

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