Opinion

State v. Walker

86 N.C. App. 336
357 S.E.2d 384
1987 N.C. App. LEXIS 2694

Court: Court of Appeals of North Carolina
Filed: Jul 7, 1987
Status: Published
Author: Phillips
On the bench: Cozort, Greene, Phillips
Cited by: 4 cases
Authority: More cited than 19.1%

The opinion

Judge Phillips

dissenting.

In my opinion the doctrine of recent possession as laid down in State v. Voncannon, 302 N.C. 619 , 276 S.E. 2d 370 (1981), State v. Maines, 301 N.C. 669 , 273 S.E. 2d 289 (1981), State v. Parker, 268 N.C. 258 , 150 S.E. 2d 248 (1966), and State v. Johnson, 60 N.C. 235 (1864), does not apply to the State’s evidence in this case, and without the doctrine the convictions have no evidentiary support. I vote to vacate both convictions.

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