Opinion

State v. Fearing

  • 304 N.C. 471
  • 284 S.E.2d 487
  • 1981 N.C. LEXIS 1363
Court
Supreme Court of North Carolina
Filed
Dec 1, 1981
Status
Published
Author
Carlton
On the bench
Britt, Huskins, Carlton, Branch, Meyer, Exum
Cited by
26 cases

noting that, under N.C.G.S. § 14-71, “while it is true that it is not necessary that the person from whom the goods are received shall state to the person charged that the goods were stolen, ... it is necessary to establish either actual or implied knowledge on the part of the person charged of the facts that the goods were stolen.”

How later courts described this case

  • noting that, under N.C.G.S. § 14-71, “while it is true that it is not necessary that the person from whom the goods are received shall state to the person charged that the goods were stolen, ... it is necessary to establish either actual or implied knowledge on the part of the person charged of the facts that the goods were stolen.”
  • error to fail to instruct that defendant knew the object he hit was a person
  • purpose of statute is to facilitate investigations and insure immediate aid to injured persons
  • failure to stop at the scene of an accident resulting in injury or death

Written by the judges who cited it.

The opinion

Justice CARLTON

concurring.

I am in the majority solely because of our prior decisions. I wish to join Justice HUSKINS in urging the General Assembly to revise G.S. 20-166 to clarify its meaning and intent. The interpretation of G.S. 20-166 argued by the State and expressed in Justice Huskins’ dissent is clearly what the law ought to be.

Justice Exum joins in the concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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