State v. Carlin

Court of Appeals of North Carolina

State v. Carlin

245 S.E.2d 586, 37 N.C. App. 228, 1978 N.C. App. LEXIS 2692

CourtCourt of Appeals of North Carolina

DecidedJuly 11, 1978

DocketNo. 7720SC1058

StatusPublished

Cited by1 cases

This text of 245 S.E.2d 586 (State v. Carlin) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Carlin, 245 S.E.2d 586, 37 N.C. App. 228, 1978 N.C. App. LEXIS 2692 (N.C. Ct. App. 1978).

Pincite

Opinion

BROCK, Chief Judge.

Defendant was charged in the bill of indictment with possession of a stolen motor vehicle, a statutory offense, G.S. 20-106. (The indictment might also have been sufficient to charge an offense under G.S. 14-71.1, except that the alleged crime occurred prior to the effective date of that statute.) The jury was instructed on, and it found defendant guilty of, receiving stolen goods, also a statutory offense, G.S. 14-71. The two offenses are, however, separate offenses. The latter is not a lesser included offense under the former.

“The defendant has not been found guilty of the offense with which he was charged, and he was found guilty of an offense for which he was not charged. It therefore follows that the judgment imposed was incorrect.” State v. Rush, 19 N.C. App. 109, 110, 197 S.E. 2d 891, 892 (1973).

Judgment arrested.

Judges Hedrick and Mitchell concur.

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BROCK, Chief Judge.

Defendant was charged in the bill of indictment with possession of a stolen motor vehicle, a statutory offense, G.S. 20-106. (The indictment might also have been sufficient to charge an offense under G.S. 14-71.1, except that the alleged crime occurred prior to the effective date of that statute.) The jury was instructed on, and it found defendant guilty of, receiving stolen goods, also a statutory offense, G.S. 14-71. The two offenses are, however, separate offenses. The latter is not a lesser included offense under the former.

“The defendant has not been found guilty of the offense with which he was charged, and he was found guilty of an offense for which he was not charged. It therefore follows that the judgment imposed was incorrect.” State v. Rush, 19 N.C. App. 109, 110, 197 S.E. 2d 891, 892 (1973).

Judgment arrested.

Judges Hedrick and Mitchell concur.

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Bluebook (online)

245 S.E.2d 586, 37 N.C. App. 228, 1978 N.C. App. LEXIS 2692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carlin-ncctapp-1978.

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