State v. Walker

Judge Phillips

dissenting.

In my opinion the doctrine of recent possession as laid down in State v. Voncannon, 302 N.C. 619, 276 S.E. 2d 370 (1981), State v. Maines, 301 N.C. 669, 273 S.E. 2d 289 (1981), State v. Parker, 268 N.C. 258, 150 S.E. 2d 248 (1966), and State v. Johnson, 60 N.C. 235 (1864), does not apply to the State’s evidence in this case, and without the doctrine the convictions have no evidentiary support. I vote to vacate both convictions.