State v. McDaniel, 372 N.C. 594

Summary

The Supreme Court of North Carolina considered whether the State presented sufficient evidence to submit charges of breaking and entering and larceny to the jury under the doctrine of recent possession. The court held that defendant's possession and control of property identified as stolen, viewed in the light most favorable to the State, constituted substantial evidence of exclusive possession, reversed the Court of Appeals, and remanded for consideration of unresolved arguments.

Holdings

1. The evidence was sufficient to support defendant's conviction under the doctrine of recent possession because defendant's possession of the stolen property, either alone or jointly with a co-actor, constituted exclusive possession.

Questions Presented

1. Whether the State presented sufficient evidence to establish exclusive possession of stolen property under the doctrine of recent possession to survive a motion to dismiss.

Disposition

reversed_and_remanded