State v. Privette, 218 N.C. App. 459 (Feb. 7, 2012)

In a possession of stolen property case, the evidence was insufficient to establish that the defendant constructively possessed the jewelry at issue. The necessary “other incriminating circumstances” for constructive possession could not be inferred from the fact that the defendant was a high-ranking member of a gang to which the others involved in a robbery and subsequent transfer of the stolen goods belonged; the defendant accompanied a person in possession of stolen property to an enterprise at which a legitimate transaction occurred; and the defendant and his wife made ambiguous references to “more scrap gold” and “rings” unaccompanied by any indication that these items were stolen. At most the State established that the defendant had been in an area where he could have committed the crimes.