Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Brown, 221 N.C. App. 383 (Jun. 19, 2012)
(1) There was sufficient evidence that a burglary occurred at nighttime. The defendant left his girlfriend’s apartment after 10 pm and did not return until 6 am the next day. The burglary occurred during that time period. After taking judicial notice of the time of civil twilight (5:47 am) and the driving distance between the victim’s residence and the apartment, the court concluded that it would have been impossible for the defendant to commit the crime after 5:47 am and be back at the apartment by 6 am. (2) When the victim’s laptop and other items were found in the defendant’s possession hours after the burglary, the doctrine of recent possession provided sufficient evidence that the defendant was the perpetrator.