STATE v. DAVIS

No. 100.

275 S.E.2d 491 (1981)

STATE of North Carolina v. Thomas Eugene DAVIS.

Supreme Court of North Carolina.

March 4, 1981.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Jo Anne Sanford, Asst. Atty. Gen., Raleigh, for the State.

Hopkins & Allen by Grover Prevatte Hopkins and Janice Watson Davidson, Tarboro, for defendant-appellant.


EXUM, Justice.

The dispositive question presented by this appeal is whether possessing stolen property in violation of G.S. 14-71.1 is a lesser included offense of receiving stolen property in violation of G.S. 14-71. We hold that it is not. Consequently, since defendant was indicted upon a charge of feloniously receiving stolen property, but convicted of feloniously possessing stolen property, we arrest judgment in this case.

The state's evidence tends to...

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