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STATE v. TANNER

No. 474PA08.

695 S.E.2d 97 (2010)

STATE of North Carolina v. Samuel Travis TANNER.

Supreme Court of North Carolina.

June 17, 2010.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, for the State-appellant.

William D. Spence, for defendant-appellee.

BRADY, Justice.

In this case we must determine whether a defendant who is acquitted of the underlying breaking or entering and larceny charges may be convicted of felonious possession of stolen goods on a theory that the defendant knew or had reasonable grounds to believe that goods in his possession were stolen under circumstances that would make larceny of the goods a felony. We hold that a defendant may be convicted of...

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