Recently a caller asked: Does the fact that the defendant was found in possession of goods five days after they were stolen create an inference that he stole them? The answer: It depends. As I discuss in my book, North Carolina Crimes, the doctrine of recent possession permits an inference of guilt based on a defendant’s possession of stolen property recently after a larceny or breaking and entering. State v. Maines, 301 N.C. 669 (1981); State v. Gonzalez, 311 N.C. 80 (1984); State v. Ethridge, 168 N.C. App. 359 (2005); State v. McQueen, 165 N.C. App. 454 (2004); State v. Mitchell, 109 N.C. App. 222 (1993). In order for the inference to apply, the evidence must show that: (1) the property was stolen, (2) the stolen goods were found in the defendant’s custody and subject to his or her control and disposition to the exclusion of others, and (3) the defendant had possession of the property recently after it was stolen. Maines, 301 N.C. 669; Gonzalez, 311 N.C. 80; Ethridge, 168 N.C. App. 359; McQueen, 165 N.C. App. 454; State v. Earwood, 155 N.C. App. 698 (2003). The first prong of the test requires that the property be identified as stolen. State v. Carter, 122 N.C. App. 332 (1996). In one case, the doctrine was held not to apply when the owner could not positively identify the goods (tires) as the stolen items because they were mass produced and had no individual identifying characteristics. State v. Foster, 268 N.C. 480 (1966). The [...]
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