NC · jury_instructions
N.C.P.I.—Crim. 104.40
DOCTRINE OF RECENT POSSESSION
First, that property was stolen.
Second, that the defendant had possession of this property. A
person possesses property when that person is aware of its presence,
and has (either alone or together with others) both the power and intent
to control its disposition or use.
NOTE WELL: If constructive possession of the stolen
property is an issue, or if an amplified definition of
actual possession is needed, the trial judge should
refer to N.C.P.I.-Crim. 104.41 for further instructions.
And Third, that the defendant had possession of this property so
soon after it was stolen and under such circumstances as to make it
unlikely that the defendant obtained possession honestly.
If you find these things from the evidence beyond a reasonable
doubt, you may consider them together with all other facts and
circumstances in deciding whether or not the defendant is guilty of
[robbery] [breaking or entering] [larceny] (name other crime).1
History
N.C.P.I.—Crim. 104.40 (Replacement June 2018). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5a670ca9b5b59121149060add957396c2999f75efc21be4bafd6bd5981f22d16
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