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STATE v. HAGLER

No. 7626SC711.

232 S.E.2d 712 (1977)

32 N.C. App. 444

STATE of North Carolina v. Ray Thomas HAGLER.

Court of Appeals of North Carolina.

March 2, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Henry H. Burgwyn, Raleigh, for the State.

Public Defender Michael S. Scofield, by Asst. Public Defenders James Fitzgerald and Mark A. Michael, Charlotte, for defendant-appellant.

VAUGHN, Judge.

Defendant argues that the evidence was insufficient to take the case to the jury. The argument is without merit.

"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...

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