{
  "id": 8551870,
  "name": "STATE OF NORTH CAROLINA v. JIMMY WADE CARLIN",
  "name_abbreviation": "State v. Carlin",
  "decision_date": "1978-07-11",
  "docket_number": "No. 7720SC1058",
  "first_page": "228",
  "last_page": "229",
  "citations": [
    {
      "type": "official",
      "cite": "37 N.C. App. 228"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "197 S.E. 2d 891",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1973,
      "pin_cites": [
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          "page": "892"
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    {
      "cite": "19 N.C. App. 109",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8550697
      ],
      "year": 1973,
      "pin_cites": [
        {
          "page": "110"
        }
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      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
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    "sha256": "bff386fb55f240f2d67a618d342467ef204b77b39ed1a0db6612aa34b9516ea8",
    "simhash": "1:57f0f7f8743993bb",
    "word_count": 354
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  "last_updated": "2023-07-14T22:58:37.287571+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Hedrick and Mitchell concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JIMMY WADE CARLIN"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nDefendant was charged in the bill of indictment with possession of a stolen motor vehicle, a statutory offense, G.S. 20-106. (The indictment might also have been sufficient to charge an offense under G.S. 14-71.1, except that the alleged crime occurred prior to the effective date of that statute.) The jury was instructed on, and it found defendant guilty of, receiving stolen goods, also a statutory offense, G.S. 14-71. The two offenses are, however, separate offenses. The latter is not a lesser included offense under the former.\n\u201cThe defendant has not been found guilty of the offense with which he was charged, and he was found guilty of an offense for which he was not charged. It therefore follows that the judgment imposed was incorrect.\u201d State v. Rush, 19 N.C. App. 109, 110, 197 S.E. 2d 891, 892 (1973).\nJudgment arrested.\nJudges Hedrick and Mitchell concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney D. Grimes, for the State.",
      "L. K. Biedler, Jr. for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JIMMY WADE CARLIN\nNo. 7720SC1058\n(Filed 11 July 1978)\nAutomobiles \u00a7 134; Receiving Stolen Goods \u00a7 2\u2014 possession of stolen vehicle \u2014 receiving stolen goods \u2014separate offenses\nDefendant could not be convicted of feloniously receiving stolen goods in violation of G.S. 14-71 when tried on an indictment charging the felonious possession of a motor vehicle in violation of G.S. 20-106.\nAPPEAL by defendant from Walker (Ralph A.), Judge. Judgment entered 16 August 1977 in Superior Court, UNION County. Heard in the Court of Appeals 25 April 1978.\nDefendant was tried on a bill of indictment, proper in form, charging him with felonious possession of a motor vehicle which he knew or had reason to believe had been stolen or unlawfully taken, defendant not being an officer of the law engaged at the time in the performance of his duties as such officer. (G.S. 20-106)\nThe trial judge charged the jury as to the crime of feloniously receiving stolen goods; the jury found defendant guilty of feloniously receiving stolen goods. (G.S. 14-71)\nDefendant has appealed from judgment imposing a prison sentence of four to five years.\nAttorney General Edmisten, by Associate Attorney D. Grimes, for the State.\nL. K. Biedler, Jr. for defendant."
  },
  "file_name": "0228-01",
  "first_page_order": 256,
  "last_page_order": 257
}