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STATE v. LEWIS

No. 39.

189 S.E.2d 216 (1972)

281 N.C. 564

STATE of North Carolina v. Eldon Bobby LEWIS.

Supreme Court of North Carolina.

June 16, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. Walter E. Ricks, III, Raleigh, for the State.

Sol G. Cherry, Public Defender, and James R. Nance, Fayetteville, of counsel, for defendant appellant.

LAKE, Justice.

"It is the general rule in this State that one found in the unexplained possession of recently stolen property is presumed to be the thief. This is a factual presumption and is strong or weak depending on circumstances—the time between the theft and the possession, the type of property involved, and its legitimate availability in the community." State v. Raynes, 272 N.C. 488

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