State v. . Lowe
This text of 169 S.E. 180 (State v. . Lowe) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Conceding that the recent possession .of the stolen automobile (if, indeed, the evidence establishes such possession, which may be doubted) was a circumstance tending to show the larceny thereof by the defendant (S. v. Best, 202 N. C., 9, 161 S. E., 535), still it is the holding with us that the inference or presumption arising from the recent possession of stolen property, without more, does not extend to the statutory charge (C. S., 4250) of receiving said property knowing it to have been feloniously stolen or taken. S. v. Adams, 133 N. C., 667, 45 S. E., 553.
There was not sufficient evidence to justify a conviction on the second count in the bill.
Eeversed.
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Cite This Page — Counsel Stack
169 S.E. 180, 204 N.C. 572, 1933 N.C. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lowe-nc-1933.