STATE v. CARTER

No. 7227SC813.

193 S.E.2d 281 (1972)

17 N.C. App. 234

STATE of North Carolina v. Hazel CARTER and Robert Lee Hart.

Court of Appeals of North Carolina.

Certiorari Denied March 6, 1973.


Attorney(s) appearing for the Case

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

Childers & Fowler, by Henry L. Fowler, Jr., Mount Holly, and William N. Puett, Gastonia, for defendant Hazel Carter.

Brown & Brown, by Joseph G. Brown, Belmont, for defendant Robert Lee Hart.


Certiorari Denied by Supreme Court March 6, 1973.

BROCK, Judge.

Each defendant assigns as error the denial of motion for nonsuit. "Possession of stolen property shortly after the property was stolen raises a presumption of the possessor's guilt of larceny of such property." 5 Strong, N.C. Index 2d, Larceny, § 5, p. 189. Where it is established that the larceny was by breaking or entering, the possession of the recently stolen property raises a presumption...

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