{
  "id": 8554223,
  "name": "STATE OF NORTH CAROLINA v. TERRY MACK QUEEN",
  "name_abbreviation": "State v. Queen",
  "decision_date": "1970-11-18",
  "docket_number": "No. 7026SC519",
  "first_page": "728",
  "last_page": "729",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 728"
    }
  ],
  "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": [],
  "analysis": {
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    "char_count": 2747,
    "ocr_confidence": 0.486,
    "sha256": "8fc2968e178e8a3b7aae78157bf8c95cb7cd922a126bd4cf4fe1969a33cc2ad4",
    "simhash": "1:c934e2b5c264c928",
    "word_count": 443
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Britt concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. TERRY MACK QUEEN"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nDefendant, through his court-appointed counsel, contends that the trial court erred in denying his motion for nonsuit because he was not adequately identified in court. The State\u2019s evidence tended to show that a 1965 white Mustang belonging to Mr. Brooks Luckey was stolen from Mr. Luckey\u2019s home between 5:00 p.m. 1 February 1970 and 10:00 a.m. 2 February 1970. At approximately 1:45 a.m. Patrolman Ledbetter of the Mecklenburg County Police Department observed an automobile similar to the one described as stolen. The car was driven to a service station where it was parked. The driver and an occupant emerged from the car and entered the service station. Patrolman Ledbetter then went to the car, and determined that it was the car that had been stolen. The patrolman then went inside the service station and arrested the two defendants as they were coming out of the bathroom. In court Patrolman Ledbetter identified the two defendants by name as being the persons arrested and identified the operator of the Mustang as \u201cthe gentleman in the orange-gold shirt.\u201d There was adequate evidence of identification for the jury to find that Queen had in his possession an automobile recently stolen.\nDefendant also contends that the judge\u2019s instructions to the jury on the doctrine of recent possession was erroneous. This assignment of error is without merit. In the entire trial we find no prejudicial error.\nNo error.\nJudges Campbell and Britt concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Staff Attorney Richard N. League for the State.",
      "George S. Daly, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. TERRY MACK QUEEN\nNo. 7026SC519\n(Filed 18 November 1970)\nLarceny \u00a7 7\u2014 automobile larceny \u2014 recent possession doctrine \u2014 sufficiency of identification of defendant\nIn this prosecution for the larceny of an automobile, there was sufficient evidence of defendant\u2019s identification as the operator of the stolen automobile for submission of the case to the jury under the doctrine of recent possession.\nAppeal by defendant from Anglin, Jat the regular 30 April 1970 Schedule \u201cC\u201d Criminal Session of Mecklenburg Superior Court.\nThe defendant and a eodefendant, William Avery Jenkins,, were arrested 2 February 1970 on the charge of larceny of more than $200.00. They were indicted at the 9 March 1970 Session of the General Court of Justice, Superior Court Division, Meck-lenburg County. On 80 April 1970, they were arraigned, and having pled not guilty, they were tried by a jury. Defendant Jenkins\u2019 motion for nonsuit was granted at the end of the State\u2019s evidence; defendant Queen\u2019s motion for nonsuit was denied. A jury found defendant Queen guilty as charged. From a sentence of three (3) to five (5) years defendant appealed.\nAttorney General Robert Morgan by Staff Attorney Richard N. League for the State.\nGeorge S. Daly, Jr., for defendant appellant."
  },
  "file_name": "0728-01",
  "first_page_order": 752,
  "last_page_order": 753
}
